STATE LAND LAWS 153 



ROADS AND STREETS. SECS. 203-204 



fore permission is granted, shall be paid for in cash by. the 

 person, corporation or association desiring the right of way. 

 (Laws '97, p. 246, sec. 34 ; sec. 6831 Rem.-Bal. ; 477 sec. 109 

 Pierce.) 



Former Laws: Laws '89-'90, p. 448, sec. 22; Laws '93, p. 401, sec. 26; 

 Laws '95, p. 547, sec. 45. 



Right of common user: sec. 201, supra. 



Right of way may be obtained over lands sold by state: sec. 86, 

 supra. 



Right of way for railroads: sec. 215 et seq,., infra. 



Special acts granting rights of way over lands described in note: 

 Railway over military encampment grounds, Laws '07, chap. 191, p. 

 411; over university campus, Laws '09, chap. 248, p. 888; streets over 

 same, Laws '09, chap. 37, p. 56; Laws '13, chap 24, p. 59; railway over 

 training school grounds, Laws '11, chap. 27, p. 97. 



The Board of State Land Commissioners is without jurisdiction to grant 

 rights of way or other easements upon lands acquired for or devoted by the 

 state to a particular governmental use. Opinions Att'y Gen'l, Feb. 25, '13 ; 

 April 1, '13. 



SEC. 203. STATE ROADS 



Whenever it is necessary to locate and construct a state road 

 over and across any of the public lands of the State of Wash- 

 ington, the State Highway Commisisoner shall file in the office of 

 the State Land Commissioner a map showing the location of such 

 road over and across each legal subdivision of such public lands, 

 and upon the filing of such map, the easement for such right 

 of way shall be reserved to the state and such subdivision of 

 public land when sold, leased or otherwise disposed of, shall be 

 sold, leased or disposed of subject to such right of way. (Laws 

 '09, p. 651, sec. 6; sec. 5872 Rem.-Bal. ; 493 sec. 11 Pierce.) 



A tide land deed issued by mistake, without the exception of a right of way 

 for a state road established before the purchaser's interest attached, will be 

 reformed so as to exclude such right of way : Aberdeen v. Wiley, 60 Wash. 434. 



SEC. 204. ROADS AND STREETS. 



Rights of way may be granted by the Board of State Land 

 Commissioners over public lands to any county or city desiring 

 to construct a public road across the same: Provided, That a 

 duly attested and sworn copy of the official plat, made by the 

 official county or city surveyor or engineer, shall first be filed 

 with the board, together with a petition from the county or city 



