STATE LAND LAWS 81 



LANDS CLASSIFIED. SEC. 87 



act.* (Laws '97, p. 248, sec. 39; sec. 6744 Rem.-Bal. ; 411 



sec. 117 Pierce.) 



Former Laws: Laws '89-'90, p. 431, sec. 4; Laws '95, p. 549, sec. 52. 



*Act refers to Chap. 89, Laws '97 and acts amendatory. 



Definition and classification of state lands: sec. 59, supra. 



Assertion of title to tide and shore lands: Const., Art. XVII, sec. 1, 

 ante. 



Platting tide lands and establishment harbor lines: sec. 306 et 

 seq., post. 



Reservation of natural oyster lands: sec. 359, post. 



Cited : 16 Wash. 637 ; 24 Wash. 364 ; 34 Wash. 252 ; 57 Wash. 535. 



See 2 Remington's Digest, pp. 2404-2406, sees. 84-88; pp. 2124-2127, sees. 

 21-32 ; Vol. 4, pp. 872-873, sees. 84-88 ; pp. 781-783, sees. 21-30. 



What tide and shore lands belong to the state : See sec. 59, ante, and notes, 

 and Const., art. XVII, sees. 1-2 and notes, ante. 



DEFINITIONS, ETC. : 



Tide lands upon which a boom company has located and filed a plat, as pro- 

 vided by sec. 7110 et seq., Rem.-Bal. Code, are not thereby severed from the 

 mass of public lands, but are subject to sale as provided by law : Samish Boom 

 Co. v. Callvert, 27 Wash. 611. 



Within the terms of chapter 89, Laws '97, tide and shore lands are "state 

 lands" and "public lands," but, except as used in said chapter and acts amenda- 

 tory thereof, these terms do not include such lands : Notes to sec. 60, supra. 



A deed from the state of tide lands of the second class must be considered as 

 made after a finding by the land department as to the character of the land ; 

 and such a deed cannot be collaterally attacked upon a subsequent application to 

 purchase the same as oyster lands : Welsh v. Callvert, 34 Wash. 250. 



In the absence of fraud, the failure of the state oyster commission to include 

 tide lands in an oyster reserve amounts to a finding that the same are not 

 oyster lands, and the state is concluded thereby : State v. Heuston, 56 Wash. 

 268. 



Even before the adoption of the definition found in this section and in sec. 59, 

 supra, first class tide lands were held to extend to the inner harbor line, regard- 

 less of the low tide line : State ex rel. McKenzie v. Forrest, 11 Wash. 227. 



The term "in front of the limits of any incorporated city or town" refers 

 to only such land as adjoins and lies in front of such limits, not separated there- 

 from by navigable water ; and the term "within two miles thereof on either 

 side" refers to tide lands within two miles, measured along the general course of 

 the shore line, from either of the boundaries running inland from such shore 

 line : State ex rel. Lehman v. Bridges, 24 Wash. 362. 



There is no conflict between this section and section 59, supra, defining tide 

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



At least prior to the amendment of sec. 59, supra, by act of 1911, a sale of 

 second class tide lands without the reservation or exception of lands theretofore 

 sold as oyster lands under the provisions of sees. 114-115, infra, did not convey 

 the fee to the oyster lands nor the state's reversionary interest therein : Scott 

 v. Olympia Oyster Co., 63 Wash. 364. 



RIGHTS AND TITLE OP PURCHASER : 



The state owns the tide and shore lands, with full power to dispose of them, 

 restricted only by the national and state constitutions : Shively v. Bowlby, 152 

 U. S. 1 ; Eiscnbach v. Hatfield, 2 Wash. 236, and cases collated in note to Const., 

 art. XVII, sec. 1, ante. 



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 



