STATE LAND LAWS 

 USE OF RESERVES. SECS. 360-361 



SEC. 360. RESERVES NOT TO BE SOLD OR LEASED. 



The tide land within all oyster reserves established and sur- 

 veyed and platted by said State Oyster Commission shall be for- 

 ever reserved from sale or lease. (Laws '03, p. 341, sec. 6; sec. 

 5246 Rem.-Bal.; 373 sec. 11 Pierce.) 



Former Laws: Laws '91, p. 366, sec. 1; Laws '97, p. 300, sec. 7. 



Sale of Jefferson County reserves: post, sees. 480-483. 



Lease for booming purposes: sec. 146, ante. 



Lease of oyster lands: sees. 170-178, ante. 



Sale of cultivated oyster lands: sees. 114-124, ante. 



Discoverer's rights in natural oyster beds: sec. 369, post. 



Laws 1891, p. 366, reserving natural oyster beds, did not require a suspension 

 of sales of tide lands until the oyster reserves had been defined and plats filed: 

 State ex rcL Smith v. Forrest, 8 Wash. 610. 



But an applicant for the purchase of tide lands, which he or his assigns had 

 improved as an artificial oyster bed prior to the act of March 26, 1890, giving a 

 right of purchase, was required to prove to the satisfaction of the commissioner 

 that such land was not a natural oyster bed at the time of entry thereon : id. 



The acts granting rights of way and other easements upon public lands (sees. 

 201-245. ante,) have no application to state oyster reserves : Opinion Att'y 

 Gen'l, February 25, 1913 ; April 1, 1913. 



This section is modified by sec. 146, ante, authorizing leasing of oyster 

 reserves for booming purposes upon a determination by the Board of State Land 

 Commissioners that the same do not contain oysters in merchantable quantities : 

 Opinion Att'y Gen'l, May 5, 1913. 



But not if the same are in front of or within two miles on either side of 

 an incorporated city or town : id., May 26, '13. 



Oyster reserves are not subject to the use of the United States, under sees. 

 239-242, ante: Opinion Att'y Gen'l, Dec. 10, '13. 



In the absence of fraud, the failure of the commission to include tide lands in 

 an oyster reserve amounts to a finding that the same are not oyster lands, and 

 the state is concluded thereby after a sale of such lands : State v. Heuston, 56 

 Wash. 268. 



A deed from the state of tide lands of the second class must be considered 

 as having been made after a finding by the commission as to the character of 

 the land ; and such a deed cannot be collaterally attacked upon a subsequent 

 application to purchase the same as oyster lands : Welsh v. Callvert, 34 Wash. 

 250. 



SEC. 361. LICENSE TO TAKE OYSTERS. 



Any person, persons or corporation may secure a license from 

 the State Oyster Commission to take from the oyster land re- 

 serves oysters to be used for seed purposes only, and upon the 

 terms and conditions hereinafter provided for. (Laws '03, p. 

 341, sec. 7; sec. 5247 Rem.-Bal. ; 373 sec. 13 Pierce.) 



Former Laws: Laws '97, p. 301, sec. 12. 



