STATE LAND LAWS 

 HARBOR RENTALS. SEC. 154 



the sum offered by the successful bidder being required at the 

 time of such sale. All the rentals derived from the leases herein 

 authorized shall be paid into the state treasury under such regu- 

 lations as said board may prescribe, and shall constitute a har- 

 bor fund to be used as the Legislature may direct. Notwith- 

 standing any such lease now or hereafter existing, the state 

 shall ever retain and does hereby reserve the right to regulate 

 the rates of wharfage, dockage or other tolls to be imposed by 

 the lessee or his assigns upon commerce for any of the purposes 

 for which the leased area may be used, and the right to prevent 

 extortion and discrimination in such use thereof. (Laws '97, p. 

 255, sec. 53 ; amended, Laws '99, p. 225, sec. 1 ; amended, Laws 

 '07, p. 755, sec. 8; sec. 6774 Rem.-Bal. ; 477 sec. 183 Pierce.) 

 Former Laws: Laws '93, p. 401, sec. 29; Laws '95, p. 563, sec. 84. 

 * All preference rights, so far as fixed by general rule, have ex- 

 pired; see note to sec. 150, ante. 



NOTE: Laws '07, p. 13, sec. 1, abolishing all special funds in the 

 state treasury, although an earlier act of the same session, was passed 

 with an emergency clause and probably controlled that part of the 

 above section creating a special fund. The subject is now fully covered 

 by the following section. 



The provision for notice of leasing is superseded by sees. 81 and 

 82, ante. 



Leasing in port districts: sec. 155 et seq., post. 

 Leasing for booming purposes: sec. 142, ante. 

 Fees for issuance lease and approval of bond: sec. 32, ante. 

 Taxation of leasehold: sec. 327 et seq., post. 



Limitations on terms of lease and character of use: Const., Art. XV, 

 sec. 2, ante. 



Power of Public Service Commission to prescribe and regulate rates 

 of wharfage, etc.: Laws '11, p. 568, sec. 46 et seq. 

 Cited : 19 Wash. 48 ; 22 Wash. 98 ; 23 Wash. 703. 



Rental at a constant rate for the entire term must be fixed in advance, and 

 cannot be readjusted during the life of the lease : Opinions Att'y Gten'l, '09-'10, 

 p. 38 ; id., Dec. 4, '13. 



Where the owner of abutting tide lands loses his preference right to lease 

 harbor area by failure to make timely application, he cannot appeal from an 

 order of the board directing the leasing to a third party : McNaught etc. Co. v. 

 Atlantic etc. Co., 36 Wash. 669. 



SEC. 154. DISPOSITION OF RENTALS HARBORS AND TIDE 

 LANDS. 



The rents hereinafter to be paid under existing or future 

 leases of harbor areas and also of tide lands belonging to the 



