STATE LAND LAWS 95 



Low TIDE LANDS. SEC. 104 



nected with, and the plat shall show, two or more connections 

 with the United States survey of the upland. The applicant 

 shall also file the field notes of the survey of said land with his 

 application. The Commissioner of Public Lands shall examine 

 and attest said plat and field notes of survey, and if found in- 

 correct or indefinite, he shall cause the same to be corrected or 

 may reject the same and cause a new survey to be made. (Laws 

 '97, p. 253, sec. 49 ; amended, Laws '07, p. 750, sec. 4 ; sec. 

 6762 Rem.-Bal.; 477 sec. 147 Pierce.) 



Former Laws: Laws '95, p. 557, sees. 70, 83 %. 



Manner of sale; see: sec. 80 et seq., supra. 



Sale to be advertised: sec. 81, supra. 



Leasing detached lands: sec. 142, infra. 



Cited: 49 Wash. 133. 



The provisions of sec. 70, Laws 1895, p. 557, to the effect that tide lands not 

 a portion of or adjacent to the shore shall be sold to the first applicant, after 

 survey made by him, subject to the same conditions and limitations as provided 

 for sale of tide lands of the second class, is limited to such lands as were not 

 improved and in use for commerce, trade or business on and prior to March 26, 

 1890: Oliver v. Dupee, 16 Wash. 634. 



An island formed by alluvion in navigable waters, subsequent to the gov- 

 ernment survey, belongs to the state and is subject to sale as are other public 

 lands : Opinions Attorney General, '05-'06, p. 386. 



One who purchases second class shore lands from the state acquires no 

 title to an island which was omitted from the government survey and is con- 

 nected with the upland by a strip of such shore lands bared during low water 

 stages : Hauge v. Walton, 72 Wash. 554. 



Courts will not review the determination of the Commissioner that the plat 

 of survey presented with an application to purchase tide lands is incorrect : 

 State v. Forrest, 8 Wash. 610 ; same, 13 Wash. 268. 



SEC. 104. BETWEEN MEAN AND EXTREME LOW TIDES SALE 

 OF. 



The prior and preference right to purchase all tide lands of 

 the second class lying between the line of mean low tide and the 

 line of extreme low tide in front of all tide lands of the second 

 class heretofore sold or conveyed by the State of Washington 

 is hereby granted for the period ending June 6, 1911, to the 

 purchasers, their grantees or successors in interest of any tide 

 lands of the second class heretofore sold or conveyed by the 

 State of Washington. Such additional tide lands may be so 

 purchased at the rate of one dollar per lineal chain measure- 

 ment to be based on the United States government meander 

 lines bordering on the United States tide lands heretofore sold. 



