104 STATE LAND LAWS 



SEC. 116 PLANTED OYSTEB LANDS. 



the cultivation of oysters ; and the State of Washington reserves 

 the further right to enter upon and take possession of any tide 

 lands sold under the provisions of section 114, at any time it 

 desires, upon paying to the then owner or occupant the original 

 purchase price of the land together with the value of the im- 

 provements erected thereon, the then value of his artificial oyster 

 beds and improvements erected thereon in connection with the 

 carrying on of the raising and propagation of oysters by 

 artificial cultivation. (Laws '95, p. 40, sec. 2; sec. 6807 Rem.- 

 Bal.; 373 sec. 41 Pierce.) 



General limitations: sees. 85-86. 



Cited : 63 Wash. 364. 



A sale of lands as tide lands of the second class, without the exception 

 of lands theretofore deeded under the provisions of this and the preceding sec- 

 tion did not convey the fee to the oyster lands nor the state's right of reversion, 

 at least prior to the amendment of sec. 59, supra, by act of 1911 : Scott v. 

 Olympia Oyster Co., 63 Wash. 364. 



SEC. 116. REMOVAL OF OYSTERS FROM LANDS SOLD. 



Any person who has prior to the twenty-sixth day of March, 

 Anno Domini eighteen hundred and ninety, planted oyster beds 

 upon any of the tide or shore lands of this state, shall be granted 

 a period of not less than six months and not more than three 

 years after said land has been sold by the state, to remove the 

 same; the time to be determined by the Commissioner of Public 

 Lands. And any person shall have the exclusive possession of 

 said tide or shore lands during the time that he has to remove the 

 said oysters under the provisions of this act : Provided, That in 

 case any planter of oysters shall fail within the time allotted to 

 remove the said oysters, he shall be deemed to forfeit the same to 

 the purchaser or owner of said lands : Provided, That this shall 

 not apply to tide lands within two miles of an incorporated city. 

 (Laws '91, p. 208, sec. 1 ; sec. 5256 Rem.-Bal. ; 373 sec. 65 

 Pierce.) 

 Sale of second class tide lands: sec. 96, ante. 



The fact that plaintiffs had planted and cultivated oysters upon tide lands 

 for a number of years under implied license would give them no right to re- 

 strain defendant from going into possession under a deed from the state, when 

 such cultivation and occupation had been abandoned at the time of the sale 

 to defendant: Riddell v. Brown, 25 Wash. 514. 



