14 CONSTITUTION 



AET. XVII TIDE LANDS. 



NATURE OF THE TITLE : 



The state owns the tide lands, with full power of jurisdiction, control and 

 disposition, restricted only by the state and national constitutions : Shively v. 

 Bowlby, 152 U. S. 1, and Rose's Notes, Vol. 12, p. 156 ; Mann v. Tacoma Land 

 Co., 153 U. S. 273 ; Baer v. Moran Bros., 153 U. S. 287 ; McOilvra v. Ross, 215 

 U. S. 70 ; Index to Rose's Notes, Vol. 13, p. 691, "Lands Under Water" ; Cent. 

 Digest, Vol. 37, cols. 161-241, and Vol. 41, cols. 938-942 ; 2 Remington's Digest, 

 p. 2124, sec. 21 ; idem, p. 2404, sec. 84 ; idem, Vol. 4, p. 872, sec. 84 ; Eisen- 

 bach v. Hatfteld, 2 Wash. 236 ; Pierce v. Kennedy, 2 Wash. 324 ; Baer v. Moran 

 Bros., 2 Wash. 608 ; State ex rel. Yesler v. Board, 2 Wash. 530 ; State ex rel. 

 Stimson Mill Co. v. Board, 4 Wash. 6 ; State ex rel. Col. & P. 8. R. Co. v. Board, 

 4 Wash. 816; Morse v. O'Connell, 1 Wash. 117; Allen v. Forrest, 8 Wash. 700; 

 Lownsdale v. Grays Harb. Boom Co., 21 Wash. 542 ; Sullivan v. Callvert, 27 

 Wash. 600 ; McCue v. Bellingham Bay Water Co., 5 Wash. 156 ; Washougal etc. 

 Transp. Co. v. Dalles etc. Xav. Co., 27 Wash. 492 ; Kalez v. Spokane Val. Land 

 etc. Co., 42 Wash. 43 ; Van Siclen v. Muir, 46 Wash. 38 ; Muir v. Johnson, 49 

 Wash. 66 ; Brace & Hergert Mill Co. v. State, 49 Wash. 326 ; Grays Hart. Boom 

 Co. v. Lownsdale, 54 Wash. 83 ; Gifford v. Horton, 54 Wash. 595 ; Palmer v. 

 Peterson, 56 Wash. 74 ; Hauge v. Walton, 72 Wash. 554 ; West Seattle v. West 

 Seattle Land etc. Co., 38 Wash. 539. 



The state's title to the beds and shores of navigable waters is in fee, to the 

 exclusion of all common law littoral and riparian rights : Muir v. Johnson, 49 

 Wash. 66; Bilger v. State, 63 Wash. 457; Eisenbach v. Hatfleld, 2 Wash. 236; 

 Brace & Hergert Mill Co. v. State, 49 Wash. 326 ; Grays Harb. Boom Co. v. 

 Lownsdale, 54 Wash. 83 ; Lownsdale v. Grays Harb. Boom Co., 54 Wash. 542 ; 

 State ex rel. Tesler v. Board, 2 Wash. 530. 



A state deed of tide lands for oyster cultivation which grants exclusive pos- 

 session and the right to prevent strangers from passing over the same by boat 

 at high tide, is not a substantial impairment of the rights of the public in navi- 

 gable waters or an interference with the right of Congress to regulate commerce : 

 Palmer v. Peterson, 56 Wash. 74. 



The state has power to declare what portion of the beds and shores of navi- 

 gable waters shall be subject to sale to private parties, so long as its acts do 

 not unreasonably interfere with the primary right of navigation : Van Siclen v. 

 Muir, 46 Wash. 38 ; Sequim Bay Canning Co. v. Bugge, 49 Wash. 127. 



The sale of tide lands by the state is subject to the paramount rights of the 

 public in the waters thereon and confers no right to obstruct navigation therein : 

 Dawson v. McMillan, 34 Wash. 269 ; Judson v. Tidewater Lbr. Co., 51 Wash. 164. 



The state may use the funds from the sale of tide lands as it sees fit : Ta- 

 coma Land Co. v. Young, 18 Wash. 495. 



BOUNDARIES : 



"Tide lands" defined: 8 "Words and Phrases," p. 6970. 



Meander line as boundary : See notes to next section. 



"Ordinary high water" does not mean unusual floods nor great annual rises 

 above the banks : Austin v. Bellingham, 69 Wash. 677. 



Where the true line of ordinary high water cannot readily be ascertained, 

 because of artificial changes, and the meander line is concededly incorrect, the 

 courts will construct a conventional line as the boundary : Brace & Hergert 

 Mill Co. v. State, 49 Wash. 326. 



The establishment of a shore line by the Board of State Land Commissioners 

 is conclusive upon all persons except the state or abutting owners who claim 

 that the same has been established upon their uplands : Williams v. Cole, 54 

 Wash. 110. 



Soil which is submerged so long and so often in ordinary seasons that vege- 

 tation will not grow on it is below the line of ordinary high water : Austin v. 

 Bellingham, 69 Wash. 677. 



