STATE LAND LAWS 93 



SHORE LANDS PREFERENCE. SECS. 98-100 



SEC. 98. SECOND CLASS SHORE LANDS PREFERENCE RIGHT 

 TO PURCHASE. 



The owner or owners of any upland bordering upon shore 

 lands of the second class, shall have a preference right for the 

 period of time hereinafter named, to purchase from the State of 

 Washington such shore lands at the appraised value when the 

 same shall have been appraised as hereinafter provided, together 

 with the costs of sale and costs of application by whomsoever 

 made : Provided, however, That the provisions of this act* 

 shall not apply to any shore lands set apart by legislative enact- 

 ment, for a public road or boulevard, or for any public improve- 

 ment or use. (Laws '01, p. 366, sec. 1; sec. 6756 Rem.-Bal. ; 

 477 sec. 289 Pierce.) 



Former Laws: Laws '95, p. 559, sees. 73-80. 



*Secs. 98-102. 



Classification of shore lands: sec. 87, supra. 



Rights of upland owners, generally: see notes to sec. 90, supra. 



Applicant to furnish field notes: sec. 96, ante. 



Minimum value: sec. 96, ante. 



A sale to the upland owner under sees. 98-102 need not be advertised as 

 required by sec.. 81, supra: Opinion Att'y Gen'l, '05-'06, p. 184. 



Statutes giving abutting owners the preference right to purchase shore 

 lands confer a mere gratuity, not intended in lieu of riparian or littoral 

 rights : Gifford v. Horton, 54 Wash. 595 ; Aberdeen v. Wiley, 60 Wash. 434 ; 

 Chlopeck Fish Co. v. Seattle, 64 Wash. 315. 



SEC. 99. SAME LIMIT OF RIGHT. 



In all cases wherein application may be hereafter made such 

 upland owner shall have thirty days from the time of making 

 such application, if made by himself, or thirty days from the 

 time of service upon him of notice of such application if made 

 by another. (Laws '01, p. 366, sec. 2; sec. 6757 Rem.-Bal.; 

 477 sec. 291 Pierce.) 



NOTE: Existing rights were preserved in this section as enacted. 



SEC. 100. SAME NOTICE TO UPLAND OWNER. 



Service upon the upland owner, as provided in section 99 shall 

 be made by the Commissioner of Public Lands or by some citizen 

 of the state by him appointed, by leaving with said upland owner 

 the required notice, or if the upland owner be a non-resident of 

 said state, by mailing to his last known postoffice address a copy 



