STATE LAND LAWS %\ \ 



STREETS OVER TIDE LANDS. SEC. 309 



The portion of an upland owner's plat which extends over tide lands belong- 

 ing to the state, is superseded and avoided for all purposes by the state's 

 tide land plat : Cook v. Hcnsler, 57 Wash. 392. 



The purchaser of tide lands according to the latest plat legally existing at 

 the time of the purchase, is not estopped to dispute a former plat of the same 

 lands which was vacated by the approval of the later plat : Henry v. Seattle, 

 42 Wash. 420. 



SEC. 309. STREETS. 



In surveying tide or shore lands of the first class the said 

 Harbor Line Commission shall have power to act, and it shall 

 be their duty to lay out streets and alleys which shall thereby be 

 dedicated to the public use, subject to the control of cities, with 

 due regard to the convenience of commerce and navigation: 

 Provided, That all alleys, streets, avenues, boulevards and other 

 public thoroughfares heretofore located and platted on the tide 

 or shore lands of the first class by boards of tide land appraisers 

 or the Board of State Land Commissioners, are hereby validated 

 as public highways and dedicated to the use of the public for 

 the purposes for which they were intended, and no improver, up- 

 land owner or other person shall have the right to buy the whole 

 or any part of such alley, street, avenue, boulevard or other 

 thoroughfare. (Laws ? 97, p. 248, sec. 41 ; sec. 6746 Rem.-Bal. ; 

 477 sec. 131 Pierce.) 



Former Laws: Laws '95, p. 550, sec. 54. 



Municipal corporations may extend streets over tide lands: Const., 

 Art. XV, sec. 3, ante, and notes; sec. 310 et seq., post. 



Cancellation of contracts of sale including streets: sec. 317, post. 



Control of streets over first class tide lands: sees. 310-316, post. 



Cities authorized to lease vacant tide land streets: Laws '99, p. 

 84, sec. 1 (7839 Rem.-Bal.). 



See sees. 310-317, post. 



Cited : 17 Wash. 661 ; 14 Wash. 425 ; 38 Wash. 362 ; 42 Wash. 421. 



See 2 Remington's Digest, pp. 2062-2063, sees. 284-288; 4 Rem. Dig., p. 

 759, sec. 288. 



With the consent of the state, streets may be extended in any direction 

 over the harbor area to the outer harbor line : ChlopecJc Fish Co. v. Seattle, 

 64 Wash. 315. 



The city acquires only an easement in harbor area included in street ex- 

 tensions, and the grant is not a surrender by the state of its plenary control 

 over streets and harbor area : idem. 



The extension of streets across harbor area and tide lands is independent 

 of sec. 273 et seq.., ante, providing for the establishment of waterways, idem. 



The designation of a street extension as a "city slip" upon the harbor line 

 plats does not indicate that such street is to be reserved as an open waterway 

 for navigation so as to preclude the use of such area as a connection between 

 the street and open water : idem. 



