STATE LAND LAWS 85 



ABUTTER'S RIGHT. SEC. 90 



Abutter's preference right to purchase second class shore lands: 

 sec. 98 et seq., post. 



Cited: IT Wash. 655; 19 Wash. 302; 21 Wash. 493; 49 Wash. 336; 54 

 Wash. 601 ; 60 Wash. 33, 502 ; 65 Wash. 216-221. 



Vide 2 Remington's Digest, pp. 2124-2127, sees. 21-32; pp. 2407-2409, sees. 

 96-100 ; Vol. 4, pp. 781-783, sees. 21-30 ; id., pp. 873-874, sees. 96-99. 



EXERCISE OF THE RIGHT, ETC. : 



One claiming the preference right by virtue of alleged ownership of abutting 

 lands is required to describe such uplands in an action to obtain a deed : Wash. 

 Dredg. etc. Co. v. Cannel Coal Co., 45 Wash. 462. 



Upon appeal from an order of the board awarding the preference right, it is 

 proper to allow the application to be amended so as to base the same upon an 

 assignment of the preference right to purchase, instead of upon the ownership 

 of abutting uplands : Shorett v. Signor, 58 Wash. 89. 



The special deposit required by sec. 68, ante, is not required with a prefer- 

 ence right application under this section : Opinion Att'y Gen'l, April 25, '13. 



An appeal lies from the decision of the board that the lands applied for are 

 not subject to sale : Ilwaco v. Ilwaco It. & N. Co., 17 Wash. 652. 



This section is not affected by sec. 155 et seq., post, relating to the leasing 

 of tide lands in port districts : Opinion Att'y Gen'l, Sept. 30, '13. 



One who purchases platted tide lands under preference right takes the fee to 

 the abutting streets : Bussell v. Ross, 64 Wash. 418. 



The time for application commences to run from the time of the filing of the 

 final appraisement : McKenzie v. Woodin, 9 Wash. 414. 



See notes to sec. 22 et seq., ante, as to remedies and practice on appeal. 



NATURE OF THE RIGHT: 



A claim of preference right to purchase tide or shore lands is property, which 

 may be assigned to another and which will descend to claimant's heirs upon his 

 death : Hotchkin v. Bussell, 46 Wash. 7. 



The owner of uplands abutting upon a navigable lake is entitled to an in- 

 junction against the use of the shore lands by another, by virtue of his prefer- 

 ence right to purchase when the same shall be platted and appraised : Van 

 Siclen v. Muir, 46 Wash. 38 ; West Coast etc. Co. v. Wlnsor, 8 Wash. 490. 



But he is not entitled to the removal of a houseboat moored in navigable 

 water in front of his lands, either as an obstruction affecting his littoral rights 

 or as a trespass constituting a nuisance : Van Siclen v. Muir, 46 Wash. 38 ; 

 Muir v. Johnson, 49 Wash. 66 ; nor of improvements made prior to Mar. 20, 

 1890 : Eisenbach v. Hatfield, 2 Wash. 236. 



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 : Bilger v. State, 63 

 Wash. 457, and cases there collated. See notes to Const., Art. XV, sec. 1, and 

 Art. XVII, sec. 1, ante. 



The statutes giving abutting owners the preference right to purchase confer 

 a mere gratuity, not intended in lieu of riparian or littoral rights : GifforU r. 

 Norton, 54 Wash. 595 ; Aberdeen v. Wiley, 60 Wash. 434 ; Chlopeck Fish Co. v. 

 Seattle, 64 Wash. 315. 



Such statutes, being a concession by the state, must be strictly construed : 

 Globe Mill Co. v. Bellingham etc. Co., 10 Wash. 458. 



The abutting owner is not entitled, by virtue of his preference right to pur- 

 chase, to notice of proposed contract for improvement thereof under sec. 286 

 et seq., post : Seattle etc. Co. v. Seattle Dock Co., 35 Wash. 503. 



PERSONS ENTITLED : 



See next section and notes. 



The preference right belongs to the owner of the immediately adjoining lands, 

 even though these are tide or shore lands in fact, so long as they are in private 



