STATE LAND LAWS 59 



CLASSIFICATION. SECS. 59-60 



Under the disclaimer of Const., Art. XVII, sec. 2, ante, the state has no in- 

 terest in tide or shore lands included within the meander lines of an upland 

 survey, where such lands were patented prior to statehood : Cogswell v. Forrest, 

 14 Wash. 1 ; Kneeland v. Kortcr, 40 Wash. 359 ; State ex rel. McKenzie v. For- 

 rest, 11 Wash. 227 ; Washougal etc. Transp. Co. v. Dalles Nav. etc. Co., 27 Wash. 

 470 ; Seaborg v. Nassa, 64 Wash. 164 ; Austin v. Bellingham, 69 Wash. 677 ; 

 Van Siclen v. Muir, 46 Wash. 38 ; Brace & Hergert Mill Co. v. State, 49 Wash. 

 326 ; Bleakley v. Lake Wash. Mill Co., 65 Wash. 215. 



Such disclaimer extends to lands granted in praesenti before statehood, al- 

 though not patented until after : Kneeland v. Korter, 40 Wash. 359. 



And to tide land within an Indian reservation patented to individual mem- 

 bers of the tribe before statehood : Jones v. Callvert, 32 Wash. 610. 



But does not amount to a grant of the tide lands lying below the meander 

 line : Denny v. N. P. R. Co., 19 Wash. 298. 



Prior to the amendment of this section by act of 1911, a deed of second 

 class tide lands conveyed nothing below the line of mean low tide : Pearl Oy- 

 ster Co. v. Heuston, 57 Wash. 533. 



Whether any lands may be sold below the lower boundary of second class 

 tide lands, sold as such, is a question which the tide land owner cannot raise : 

 Pearl Oyster Co. v. Heuston, 57 Wash. 533. 



A sale of state tide or shore lands does not convey any lands below the gov- 

 ernment meander line and above the line of ordinary high tide or high water 

 at the time of the state's admission into the Union : Nassa v. Seaborg, 64 

 Wash. 164 ; Austin v. Bellingham, 69 Wash. 677. 



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

 gable waters shall constitute shore lands and be subject to sale to private par- 

 ties, 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. 



For additional references to the effect of the disclaimer of patented lands, 

 see Const., Art. XVII, sec. 2, ante and notes. 



SEC. 60. TERMS DEFINED. 



All lands described in the last section are "public lands," and 

 the terms "public lands" and "state lands" shall be defined and 

 deemed to be synonymous whenever either is used in this chapter.* 

 (Laws '97, p. 231, sec. 5 ; amended, Laws '07, p. 748, sec. 1 ; sec. 

 6642 Rem.-Bal.; 477 sec. 25 Pierce.) 



*Chap. 89, Laws '97 and acts amendatory. 



Cited: 19 Wash. 433; 33 Wash. 130; 34 Wash. 381; 49 Wash. 133; 74 

 Wash. 577. 



The term "granted lands" does not include tide and shore lands : Sullivan 

 v. CalHert, 27 Wash. 608. 



But the words "school or other lands," used elsewhere in the act of which 

 this section is a part, include tide and shore lands : State ex rel. Bellingham 

 etc. Co. v. Bridges, 19 Wash. 431. 



The term "lands," "state lands" or "public lands," as ordinarily used, do 

 not include tide or shore lands : Seattle & Mont. R. Co. v. State, 7 Wash. 150 ; 

 Baer v. Moran Bros., 2 Wash. 608. 



"Tide lands" are "state lands" in a certain sense that is, they belong to 

 the state ; but in all the nomenclature of our constitution and statutes the 

 latter term does not include the former : Seattle & Mont. R. Co. v. State, 7 

 Wash. 150, prior to the adoption of the above definition. 



