Washington Administrative Code
Title 256 - Historical Society, Eastern Washington State
Chapter 256-30 - Eastern Washington state historical society-Gifts, grants, conveyances, bequests and devices
Section 256-30-100 - Acceptance of real estate
Universal Citation: WA Admin Code 256-30-100
Current through Register Vol. 24-18, September 15, 2024
(1) The society may accept gifts of developed or undeveloped real estate. The following requirements apply to the acceptance of real estate:
(a) Acceptance of real estate is contingent on
formal approval of the society's board of trustees;
(b) Acceptance of property shall not violate
any federal, state or local statute or ordinance;
(c) The property shall be useful for the
society's purposes;
(d) The purpose
for which the item is being donated shall be permissible under the state
expenditure rules which apply to donations to the society;
(e) The property shall be marketable;
(f) The donor agrees that the property can be
sold at the society's discretion;
(g)
Acceptance of property shall not violate any federal, state or local statute or
ordinance; and the purpose for which the item is being donated is permissible
under the state expenditure rules which apply to donations to the
society;
(h) The society shall adhere
to all IRS requirements relating to the disposition of gifts of real estate and
shall provide appropriate forms to the donor and IRS where required;
(i) Acceptance of the property shall not
interfere with the proper management and operations of the society;
(j) The acceptance of the real estate shall not
place excessive burdens on the available society space, staff or
budget;
(k) Possession of the
property shall not place the society in violation of the Federal Occupational
Safety and Health Act (OSHA) or the Washington Industrial Safety and Health Act
(WISHA);
(l) Property does not
require the society to employ a specified person now or at a future
date;
(m) Property serves the
mission, goals, and interests of the society;
(n) Property cannot generate unrelated business
income to the society which may jeopardize its tax-exempt status; and
(o) Acceptance of the property shall be
financially sound.
(2) Prior to any acceptance of real estate the following is required:
(a) Gifts of real estate must first be reviewed
by the society's board of trustees before acceptance;
(b) The donor normally is responsible for
obtaining and paying for an appraisal of the property. The appraisal must be
performed by an independent, qualified appraiser;
(c) The society's board of trustees may require
an environmental appraisal of any proposed gift of real estate;
(d) The appraisal shall contain photographs of
the property, the tax map number, the assessed value, the current asking price, a
legal description of the property, the zoning status, and complete information
regarding all mortgages, liens, litigation, title disputes, and any environmental
involvement;
(e) Depending on the
value and desirability of the gift, the donor's connection with the society, and
the donor's past gift record, the donor may be asked to pay for all or a portion
of the following:
(i) Maintenance costs, if
any;
(ii) Real estate taxes due prior
to date of conveyance;
(iii)
Insurance;
(iv) Real estate broker's
commission and other costs of sale;
(v) Appraisal and preliminary title report
costs; and
(vi) Environmental
appraisal.
(f) The
property shall be conveyed by warranty deed prior to the execution of any
contract of sale by the grantor; and
(g) The value of any gift of real estate shall
be its appraised value; however, this value may be reduced by costs of
maintenance, insurance, real estate taxes, broker's commissions, and other
expenses of sale incurred by the society.
Statutory Authority: Chapter 27.34 RCW, RCW 42.56.040, 27.34.070, and 43.21C.120. WSR 17-07-057, § 256-30-100, filed 3/11/17, effective 4/11/17.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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