208 STATE LAND LAWS 



SEC. 307 HARBOR LINES RELOCATION. 



Harbor lines to be established: Const., Art. XV, sec. 1, ante, and 

 notes. 



Lease of harbor area: sec. 147 et seq., ante. 



Special acts covering Aberdeen, Bellingham, Elaine, Hoquiam, La- 

 Conner, Seattle, Lake Union, Lake Washington, South Bend and Van- 

 couver: sec. 461 et seq., post. 



The harbor line commission has jurisdiction over Salmon bay, although the 

 same is bare at low tide : State v. Harbor Line Commissioners, 4 Wash. 6. 



The -harbor line commission may establish harbor lines in front of towns, as 

 sec. 1, Art. 15, Const., includes towns as well as cities : id. 



Laws 1895, p. 406, authorizing the disestablishment of harbor lines in front 

 of towns under certain conditions is unconstitutional as being in conflict with 

 Art. 15 of the state constitution, which contemplates that such lines, when once 

 established shall forever remain so : Wilson v. State Land Commissioners, 13 

 Wash. 65. 



The acts of the board in establishing harbor lines will not be controlled by 

 the writ of prohibition : Harbor Line Commissioners v. State, 2 Wash. 530. 



SEC. 307. RELOCATION OF HARBOR LINES. 



Whenever it appears that the inner line of any harbor areas 

 heretofore located has been so established as to overlap or fall 

 inside of the government meander line, or for any other good 

 cause, said commission is empowered to relocate and reestablish 

 said inner line so erroneously established and outside of said 

 meander line, and [tide lands above] said inner line so reestab- 

 lished and relocated may be sold as other tide lands of like class 

 in accordance with the provisions of this act.* (Laws '97, p. 

 257, sec. 55; sec. 6777 Rem.-Bal. ; 477 sec. 187 Pierce.) 



* Chap. 89, Laws '97, and amendments. 



Former Laws: Laws '95, p. 565, sec. 87. 



NOTE: A limited preference right to improvers was conferred by 

 the following clause in this section as enacted: Any owner of upland 

 having improvements situated on the tide lands in front of and abut- 

 ting on said upland, not being tide lands of the first class, shall have 

 a preference right to purchase said tide lands at five dollars (5) per 

 lineal chain measured along the United States meander line until 

 July 1, 1897, whether applications have been filed or contests exist 

 therefor or not: Provided, That this act shall not apply to tide lands 

 sold or conveyed by contracts or patents already issued. 



Appraisement and sale of tide lands: sec. 87 et seq., ante. 



Cited : 27 Wash. 606-612. 



The act of 1905 (Laws '95, p. 406) which authorized the disestablishment of 

 harbor lines, is void, since the constitution contemplates the establishment of 

 permanent outer harbor lines : Wilson v. State Land Commsrs., 13 Wash. 65. 



The establishment of a shore line is conclusive upon all parties except the 

 state or an upland owner who claims that the same is located too far inland : 

 Williams v. Cole, 54 Wash. 110. 



