88 STATE LAND LAWS 



SEC. 92 IMPROVER'S RIGHT. 



missioner with such upland owner. The owner of such improvements 

 shall make application to the State Land Commissioner for leave to 

 purchase such additional and adjoining tide lands, and set forth in his 

 application the business, purpose and use for which said additional 

 land is wanted, and which said land shall be fully described by metes 

 and bounds, and an accurate plat of the same shall be attached to the 

 application; and shall also show the land as surveyed and platted by 

 the state with reference to the plat on file in the county where the 

 tide land is situated. The Commissioner of Public Lands shall advertise 

 such application as required for applications to purchase tide lands of 

 the second class in this act, and after hearing the case of the applicant, 

 the Harbor Line Commission shall determine the applicant's rights, but 

 in no case shall such applicant be allowed more land than is necessary 

 for the convenient and proper use of his improvements and business. 

 All applications of such improvers for such additional tide land shall be 

 filed with the Commissioner of Public Lands on or before ninety days 

 from the passage of this act. 



Tide land improvements to be separately appraised: sec. 320, post. 



License to erect wharves: sec. 236, post. 



Cited: 17 Wash. 655; 19 Wash. 302; 21 Wash. 493; 49 Wash. 336; 54 

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



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

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



CONSTRUCTION GENERALLY : 



See notes to sec. 90, ante. 



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. 



The special deposit required by sec. 68, ante, is not required with preference 

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



The erection of improvements was a trespass upon lands held in trust for 

 the future state, which the state could have treated as such ; and statutes rec- 

 ognizing the equities of improvers and giving a preference right of purchase are 

 mere acts of grace, vesting no estate in the land itself : Sullivan v. Callvert, 

 27 Wash. 600. 



Since the early statutes gave improvers of tide and shore lands a preference 

 right to purchase when the same should be put upon the market, such occupancy 

 was permissive only, and adverse possession did not run against the title as- 

 serted by the constitution : Brace & Hergert Mill Co. v. State, 49 Wash. 326. 



Statutes allowing a preference right of purchase are a concession by the 

 state which must be strictly construed : Globe Mill Co. v. Bellingham Bay Impt. 

 Co., 10 Wash. 458. 



Laws '89-'90, p. 435, sec. 11, granting preference rights, did not bind the 

 state to offer for sale all portions of the tide lands upon which improvements 

 had theretofore been made : State ex rel. Bartlett v. Forrest, 12 Wash. 483. 



The right of a city to extend its streets over tide lands is superior to the 

 improver's right to purchase : Globe Mill Co. v. Bellingham Bay Impt. Co. t 10 

 Wash. 458; Columbia etc. R. Co. v. Seattle, 6 Wash. 332. 



The sixty days for filing applications begins to run from the date of the 

 filing of the final appraisal : HcKenzie v. Woodin, 9 Wash. 414. 



NATURE OP IMPROVEMENTS: 



A tenant of tide lands, holding under lease from the owner of abutting up- 

 land, could not, in the absence of fraud, acquire a prior right of purchase, as 



