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RCW 63.30.790

Agreement to locate property void, when.

Redline — January 1, 2023 → current.View current text →
Current — January 1, 2026
As of January 1, 2023
(1) Subject to subsection (2) of this section, an agreement under RCW 63.30.780 is void if it is entered into during the period beginning on the date the property was paid or delivered by a holder to the administrator and ending 24 months after the payment or delivery.
(2) If a provision in an agreement described in subsection (1) of this section applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part on a part of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void regardless of when the agreement was entered into.
(1) An agreement under RCW 63.30.780 is void if a provision in the agreement applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part of the underlying minerals or mineral proceeds not then presumed abandoned.
(3) An agreement under subsection (1) of this section which provides for compensation in an amount that is unconscionable is unenforceable except by the apparent owner. An apparent owner that believes the compensation the apparent owner has agreed to pay is unconscionable or the administrator, acting on behalf of an apparent owner, or both, may file an action in superior court to reduce the compensation to the maximum amount that is not unconscionable.
(2) An agreement under RCW 63.30.780 that provides for compensation in an amount that exceeds five percent of the value of the property reasonably expected to be recovered, is unenforceable.
(4) An apparent owner or the administrator may assert that an agreement described in this section is void on a ground other than it provides for payment of unconscionable compensation.
(3) An apparent owner or the administrator may assert that an agreement under RCW 63.30.780 is void on a ground other than it provides for payment of unconscionable compensation in an amount that exceeds five percent of the value of the property reasonably expected to be recovered.
(5) This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the administrator or to contest the administrator's denial of a claim for recovery of the property.
(4) This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the administrator or to contest the administrator's denial of a claim for recovery of the property.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.