STATE LAND LAWS 

 SECS. 148-149 LEASE HARBOR AREA. 



A statute authorizing the lessee to improve the leased area in such manner 

 and to such extent as he shall elect is unconstitutional, such power of election 

 being vested in the board : State ex rel. Trimble v. Bridges, 22 Wash. 98. 



The state may build wharves and other conveniences of navigation and 

 commerce, or may lease such right to individuals, whose right will be limited 

 to the operation of such conveniences and to charge therefor under state regu- 

 lation : State ex rel. Trimble v. Bridges, 22 Wash. 98. 



A structure for the curing and canning of fish, conducting a wholesale and 

 retail fish market, and manufacturing ice to supply steamships is too remotely 

 connected with "navigation and commerce" to fall within such classification : 

 State ex rel. Denny v. Bridges, 19 Wash. 44. 



The fact that the United States established its pierhead line beyond the 

 outer harbor line established by the state does not authorize the extension of 

 structures beyond the line so laid down by the state : Wilson v. Ore.-Wash. 

 R. & N. Co., 71 Wash. 102. 



A railroad is a convenience of commerce and is within the classification of 

 structures for which harbor area was reserved : State ex rel. Hulme v. Grays 

 Hart. & P. S. R. Co., 54 Wash. 530. 



"Commerce," as used in the constitution and laws relating to the use of 

 harbor area, includes commerce by land as well as by water and is to be broadly 

 construed : State ex rel. Hulme v. Grays Harb. & P. S. R. Co., 54 Wash. 530 ; 

 distinguishing State ex rel. Denny v. Bridges, 19 Wash. 44. 



Subject to the approval of the board, the lessee of harbor area may occupy 

 the same to its full extent with structures of the prescribed class, even if the 

 flow of water be thereby entirely excluded : Wilson v. Ore.-Wash. R. & N. Co., 

 71 Wash. 102. 



Except as to tidelands owned by cities or included in streets legally extended, 

 territorial statutes providing that cities might authorize the construction of 

 wharves at street termini have been superseded by the constitution and laws 

 providing for the sale, lease and control of tide lands and harbor area : State 

 ex rel. Port Angeles v. Horse, 56 Wash. 654. 



SEC. 148. FORMER LEASES CONFIRMED. 



Any and all leases heretofore issued to the owner or owners, 

 under deed or contract, of tide or shore land, of the right to 

 build or maintain wharves, docks and other structures upon 

 that portion of the harbor area lying in front of said tide lands, 

 are hereby validated, ratified and affirmed: Provided, This act 

 shall not affect vested or existing rights. (Laws '01, p. 294, 

 sec. 1 ; sec. 6765 Rem.-Bal. ; 477 sec. 299 Pierce.) 



Cited: 36 Wash. 670. 

 SEC. 149. PARTIAL REPEAL PREFERENCE RIGHTS. 



All preferences of lease of harbor areas or tide lands situate 

 in a port district heretofore created by the laws of the State 

 of Washington, which have not been already exercised are here- 

 by annulled. (Laws '13, p. 588, sec. 5; 3 Rem.-Bal., sec. 



6781-5.) 



Preference rights in such districts: sec. 155, post. 



