STATE LAND LAWS 

 BOOMING LEASE. SEC. 146 



the same terms and without discrimination, and may charge and 

 collect tolls on all logs or other timber products so handled, 

 said tolls not to exceed seventy-five cents per thousand on all 

 logs, spars or other large timber, and reasonable rates on all 

 other timber products, and shall be subject to the same duties 

 and liabilities, so far as the same are applicable, as are imposed 

 upon boom companies organized under the laws of this state. 

 Failure to use any lands leased under the provisions of this 

 section for boom purposes for a period of more than one year 

 shall work a forfeiture of the lease, and such lands shall revert 

 to the state without any notice or declaration of forfeiture. At 

 the expiration of any lease issued under the provisions of this 

 section, the original lessee shall have the preference right to 

 release the lands covered by his original lease for a further 

 term, not to exceed ten years, at such rental and upon such terms 

 and conditions as may be prescribed by the Board of State Land 

 Commissioners. (Laws '07, p. 575, sec. 1 ; amended, Laws '11, 

 p. 388, sec. 1 ; 3 Rem.-Bal, sec. 6776; 477 sec. 75 Pierce.) 



Lease of harbor area generally: sec. 147 et seq., post. 

 Platting and location of booming grounds; powers and duties of 

 boom companies, generally: sec. 7110 et seq. Rem.-Bal., and notes. 



This section modifies section 360, post, relating to oyster reserves : Opinion 

 Att'y Gen'l, May 5, '13. 



Whether such a reserve contains oysters in merchantable quantities is a 

 question to be determined by the Board of State Land Commissioners : idem. 



But this section does not permit the leasing of an oyster reserve in front 

 of or within two miles upon either side of an incorporated city or town : 

 Opinion Att'y Gen'l, May 28, '13. 



A compliance with the general act relating to boom companies and the lo- 

 cation of booming grounds, (sec. 7110 et seq., Rem.-Bal.) gives no authority to 

 use tide or shore lands of the state except under purchase or lease : Samish 

 Boom Co. v. Callvert, 27 Wash. 611. 



A booming company has no authority to condemn state lands : North Riv. 

 Boom Co. v. Smith, 16 Wash. 138. 



