In re Anderson

Citations

• 95 Wash. 330
• 163 P. 767
• 1917 Wash. LEXIS 800

Syllabus

<p>Public Lands' — Sale op Tide Lands — Fish—Oyster Cultivation —Right to Purchase — Discretion oe State Board — Statutes. It is not discretionary with the board of state land commissioners as to when it will entertain applications for the purchase of tide lands for oyster culture, or as to when it will dispose of such lands for that purpose, but any qualified person complying with the act has the right to purchase such lands for oyster culture, under the act entitled an act providing for the sale and purchase of tide lands of the third class for the purpose of oyster planting, “and to encourage and facilitate such industry;” in view of Rem. Code, § 6799, of the act, providing that it shall be lawful for any person entitled to purchase such lands to make a survey, subject to the discretionary control of the state board; § 6800 providing the price at which they may purchase; § 6801 providing for the filing of an application, contest and hearing; § 6803 providing for the purchase of lands not included in natural oyster beds, pursuant to the provisions of the act, in subordination to any preemption right conferred upon prior occupants and upland owners; and § 6804, confining the right to citizens, and providing that the land shall be subject to resale if used for purposes other than the purposes specified in the act.</p>