100 STATE LAND LAWS 



SECS. 110-111 DIVISION MISTAKE. 



SEC. 110. DIVISION OF CONTRACTS AND LEASES. 



Whenever the holder of any contract of purchase or [lease of] 

 any state or school land shall surrender the same to the Commis- 

 sioner of Public Lands with the request to have the same divided 

 into two or more tracts, it shall be lawful for the Commissioner 

 to issue the same provided the proposed subdivision shall not be 

 less than the regular government or public subdivisions, and 

 provided that no new contract or lease shall issue while there is 

 due and unpaid any interest, rental or taxes on the land held 

 under said contract or lease, nor in any case where the Commis- 

 sioner shall be of the opinion that the state security would be 

 impaired or endangered by the proposed division; and for all 

 new contracts or leases a fee of $ for each new contract or lease 

 so issued shall be paid by the applicant, and said fee shall be 

 paid into the state treasury with the other fees of the office. 

 (Laws '03, p. 114, sec. 3; sec. 6680 Rem.-Bal. ; 477 sec. 73 



Pierce.) 



Schedule of fees: sec. 32, supra. 



Contracts of sale, how taxed: sec. 326, infra. 



Leaseholds, how taxed: sec. 327, infra. 



Cited : 44 Wash. 248 ; 66 Wash. 130. 



As to leases of tide lands within port districts, application for division 

 should be made to port commissioners and not to Commissioner of Public Lands: 

 Opinion Att'y Gen'l, Sept. 30, '13. 



SEC. 111. MISTAKE OR FRAUD CONTRACT OR LEASE VOID. 



Any sale or lease of state lands made by mistake, or not in 

 accordance with law, or obtained by fraud or misrepresentation 

 shall be void, and the contract of purchase or lease issued thereon 

 shall be of no effect, but the holder of such contract or lease 

 shall be required to surrender the same to the Commissioner of 

 Public Lands, who shall, except in the case of fraud on the part 

 of the purchaser, cause the money to be refunded to the holder 

 thereof, provided the same has not been [paid] into the state 

 treasury. (Laws '03, p. 114, sec. 3; sec. 6680 Rem.-Bal.; 477 

 sec. 73 Pierce.) 



Commissioner or board may review official acts: sec. 19, supra, 

 and notes. 



Cited : 44 Wash. 248 ; 66 Wash. 130. 



Evidence of fraud in bidding held sufficient to warrant disapproval of sale and 

 cancellation of deed : State ex rel. Shores v. Ross, 47 Wash. 210. 



