STATE LAND LAWS 71 



IMPROVEMENTS. SEC. 77 



the state, or by persons without license or lease from the state, 

 or by a lessee who had not complied with the terms of his lease, 

 then said board shall direct the Commissioner of Public Lands 

 to pay said sum so deposited to the State Treasurer, who shall 

 credit the same to the fund into which the proceeds derived from 

 the sale of the land should be paid. If it be found that such im- 

 provements were made by a lessee or other person with intent 

 to defraud the state or the intending purchaser of the land from 

 the state, the sum so deposited shall be forfeited to the state 

 and credited as last above provided. (Laws '97, p. 236, sec. 12 ; 

 amended, Laws '99, p. 252, sec. 1 ; amended, Laws '01, p. 308, 

 sec. 1 ; amended, Laws '07, p. 752, sec. 6 ; amended, Laws '09, 

 p. 760, sec. 3; sec. 6667 Rem.-Bal. ; 477 sec. 53 Pierce.) 



Former Laws: Laws '89-'90, p. 440, sees. 7-8; Laws '93, p. 393, sec. 

 16; Laws '95, p. 536, sec. 23; idem, p. 567, sec. 91. 



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



Removal of improvements upon surrender of lease: sec. 141, post. 



Water rights as improvements: sec. 140, post. 



Wharves as improvements under license: sec. 236, post. 



Right to remove cultivated oysters: sec. 116, post. 



Improvements on railroad rights-of-way : sec. 218, post. 



Taxation of improvements: sec. 328, post. 



Local improvement assessments as: sec. 335, post. 



Improvements excluded in appraising lands: Const., Art. XVI, 

 sec. 2, ante. 



Improvements on tide lands: sec. 143 et seq., post. 



Cited : 27 Wash. 609 : 37 Wash. 125-129 ; 33 Wash. 327. 



Under former laws, an improver of state lands under authority of law had a 

 right to retain possession until such improvements were paid for : Wilkes v. 

 Hunt, 4 Wash. 100; Wilkes v. Davies, 8 Wash. 112; Pearson v. Ashley, 5 Wash. 

 170 ; Brummett v. Campbell, 32 Wash. 368. 



And the assignee of such improver had the like right as against a stranger, 

 notwithstanding an agreement as to the actual ownership, not disclosed by pub- 

 lic record : Hart Lbr. Co. v. Rucker, 15 Wash. 456. 



The owner of improvements upon tide lands is entitled to have the lands 

 appraised and offered for sale in tracts with reference to his improvements : 

 Sullivan v. Callvert, 27 Wash. 600. 



An improvement, to be entitled to appraisement, must be something which 

 will add value to the land, and be of use and benefit to the purchaser as owner 

 of the land : Lake Whatcom Logging Co. v. Callvert, 33 Wash. 126. 



A railroad trestle, forming a part of the line of a common carrier, is not 

 such an improvement as must be appraised before the sale of tide lands : id. 



One applying for the appraisement and sale of state lands is bound to inform 

 himself and disclose to the board the true condition thereof with reference to 

 improvements, whether of the character contemplated by the statute or other- 

 wise : State ex rel. Shores v. Ross, 47 Wash. 210. 



