Section 38.05.105. Periodic rent adjustments.

   (a) Each lease shall stipulate that at five-year intervals as specified in the lease the annual rent payment or other form of lease compensation specified by the commissioner is subject to adjustment. Changes or adjustments shall be based primarily on changes in the lease's fair market value. However, if the commissioner determines that single-family residential development is the best use of the land, the reappraisal period may be lengthened or the readjustment waived in accordance with regulations adopted by the department. Before a waiver of rent adjustment is issued, the land shall have a current reappraisal. A waiver is valid only if single-family residential development actually occurs. The regulations adopted under this section shall ensure that the state receives a fair return from the land.
   (b)   [Repealed, Sec. 37 ch 2 FSSLA 1992]. 
   (c) Changes or adjustments of annual rent on land under lease and used for single-family residential purposes in an area zoned for commercial or other nonresidential uses shall be based on an adjusted fair market value determined by reference to the actual use of the property and not by reference to the other uses permissible under the zoning ordinance.

Notes

History

(Sec. 7 art V ch 169 SLA 1959; am Sec. 1 ch 44 SLA 1964; am Sec. 8 ch 257 SLA 1976; am Sec. 1 ch 267 SLA 1976; am Sec. 11 ch 138 SLA 1977; am Sec. 12, 13 ch 182 SLA 1978; am Sec. 17, 37 ch 2 FSSLA 1992)