STATE LAND LAWS 

 SECS. 152-153 PUBLIC LEASE OF HARBORS. 



The time for filing preference right application for lease runs from the date 

 of filing plat and appraisement of abutting tide land, and not from the date of 

 establishment of harbor lines : Opinion Att'y Gen'l, May 20, '13. 



A vested right to a lease of harbor area may be appropriated by a railway 

 company in condemnation proceedings : State ex rel. Hulme v. Grays Haro. & 

 P. S. R. Co., 54 Wash. 530. Measure of damages stated : idem. See, also, 

 Wilson v. Grays Hart. & P. S. R. Co., 60 Wash. 32. 



The abutter's preference right to lease harbor area becomes vested when he 

 accepts the same and complies with all the preliminary requirements of the stat- 

 ute : State ex rel. Wilson v. Grays Hart. & P. S. R. Co., 60' Wash. 32. 



Construction of statutes granting preference rights : See notes to sec. 90, 

 ante, "Nature of the Right" and "When Vested." 



SEC. 152. NO ESTOPPEL AGAINST VESTED RIGHTS. 



The application for or the making or acceptance of any lease 

 authorized by section 147 or section 153 shall not work any 

 estoppel against either party thereto or against those in 

 priority with either party as to any claim or right which might 

 otherwise be made or contested. (Laws '99, p. 2S5, sec. 1 ; 

 amended, Laws '07, p. 755, sec. 8 ; sec. 6774 Rem.-Bal. ; 477 

 sec. 183 Pierce.) 



NOTE: As enacted, this section contained a provision for the re- 

 adjustment of rentals under former leases, which has been omitted as 

 obsolete, relating to a part of the original act which was not carried 

 into the amendment of 1907. 



Cited : 22 Wash. 98-101 ; 54 Wash. 537 ; 56 Wash. 660. 



SEC. 153. LEASE AT PUBLIC AUCTION RESERVATION OF 

 POWERS. 



If the person, association or corporation having the prefer- 

 ence right to lease any part of such harbor area has not 

 exercised or shall not exercise such right within such time and 

 in such manner as may be prescribed by said board, in its rules 

 and regulations,* then said board whenever it shall deem it 

 advisable that such part should be leased shall give thirty days' 

 notice by publication that a lease of such part of such harbor 

 area for such rental and under such general rules within the 

 limitations of this section and sec. 151 as said board shall have 

 prescribed will be sold, at a time and place to be specified in said 

 notices, to the person, association as corporation offering at such 

 public sale to pay} to the state the highest sum as a cash bonus 

 for such lease ; and upon the giving of such notices such lease 

 shall be sold and made and delivered, accordingly, the payment of 



