200 STATE LAND LAWS 



SEC. 291 WATERWAYS RIGHTS OF WAY. 



waterway system, the two contracts were substantially one, and upon the com- 

 pletion of the waterway under the first contract it was proper for the Com- 

 missioner to issue his certificate against tide lands covered by the second 

 contract, which were nearer to and derived their benefit from the first water- 

 way, before the completion of the second waterway : Richards v. Bussell, 70 

 Wash. 554. 



The commissioner has discretion to determine what shall constitute a 

 separate use for navigation, and the contract need not provide what shall 

 constitute a partial completion of a waterway capable of such separate use : 

 Miss. Valley Trust Co. v. Hoflus. 20 Wash. 272. 



LIEN AND FORECLOSURE: 



Where the state has sold the tide lands against which the certificate Is to 

 be issued, it is not a necessary party to an action to restrain the commissioner 

 from issuing an excessive certificate : Bussell v. Ross, 60 Wash. 344. 



A purchaser of state lands, subject to a lien authorized by the state and 

 expressly provided for in the contract of purchase, cannot question the valid- 

 ity of the lien : Miss. Valley Trust Go. v. Hoflus. 20 Wash. 272. 



In an action to foreclose a certificate issued under this section, interest is 

 properly allowed on installments of interest which are past due and unpaid, 

 distinct from the principal indebtedness : Miss. Valley Trust Co. v. Hoflus, 20 

 Wash. 272 ; Richards v. Bussell, 70 Wash. 554. 



The lien of these certificates may be foreclosed in the manner provided by 

 law for the foreclosure of other liens upon real estate, with the consequent 

 right of redemption governing the sale and redemption of mortgaged property : 

 Miss. Valley Trust Co. v. Hoflus, 20 Wash. 272. 



COST: 



Where the platting of the lands was contemplated at the time of the. ex- 

 ecution of the contract, and thereafter they were platted and sold, the cost 

 of filling streets and alleys is to be added and charged to abutting lots : Bussell 

 v. Ross, 64 Wash. 418 ; Richards v. Bussell, 70 Wash. 554. 



In the absence of fraud, the commissioner's certifiacte is presumptive, if 

 not conclusive, evidence of the cost : Seattle, Lake WasTi. etc. Co. v. Seattle 

 Dock Co., 35 Wash. 503 ; Bussell v. Ross, 64 Wash. 418 ; Richards v. Bussell, 

 70 Wash. 554. 



Notwithstanding the subcontractor's profit, the contract holder is entitled 

 to a lien for the "actual cost" to him, including the amount in good faith paid 

 to the subcontractor and expended for superintendence and engineering, plus the 

 15% profit allowed by this section : Richards v. Bussell, 70 Wash. 554. 



SEC. 291. RIGHTS OF WAY. 



A right of way is hereby granted for any waterway or water- 

 ways herein provided for through any lands belonging to the 

 State of Washington of sufficient width to accommodate said 

 waterway or waterways ; the width and definite location of such 

 right of way, however, shall be plainly and completely specified 

 in the contract herein provided for. (Laws '93, p. 245, sec. 6; 

 sec. 8105 Rem.-Bal. ; 477 sec. 243 Pierce.) 



Grant to commercial waterway districts: sec. 238, ante. 

 Cited: 20 Wash. 276; 35 Wash. 507. 



