Kinnear v. Ross

Citations

• 74 Wash. 391
• 133 P. 607
• 1913 Wash. LEXIS 2066

Syllabus

<p>Public Lands — Tide Lands — Preference Rights; — Award—Finality-Appeal. Under Laws 1895, p. 527, giving abutters the preference right to purchase tide lands if there are no conflicting applications, and providing that in case of conflict the board of state land commissioners shall order a hearing upon sworn statements and certify its order to the commissioner of public lands, abutters have no vested preference right by virtue of an order granting their applications, where it appears that such order was not final and was not certified to the commissioner because of conflicting applications, that the board retained jurisdiction, gave notice of the contest and required statements, which were not filed, and finally denied the applications for want of proof of ownership, upon which no appeal was taken as required by law.</p> <p>Same — Proceedings — Waiver of Right — Failure to Appeal. Under Laws 1895, p. 527, upon the denial of the preference right of abutters to purchase tide lands, after a hearing before the board of state land commissioners, the remedy is by appeal to the superior court, failing which, the abutters must be held to have acquiesced in the final disposition of their applications.</p> <p>Sam:e — Preference Rights — Laches. Abutters are estopped by laches to claim the preference right to purchase tide lands, where for more than ten years after their right accrued they failed to make any demand for a deed or tender the purchase price.</p>