Lake Whatcom Logging Co. v. Callvert

Citations

• 33 Wash. 126
• 73 P. 1128
• 1903 Wash. LEXIS 497

Syllabus

<p>Tide Lands Sales—Improvements—Appraisement—Railroads. A railroad across tide lands constructed on piles and trestle -work is not an improvement entitling the owner to have the same appraised before sale of the tide lands, within the meaning of Laws of 1897, p. 231, defining improvements to he “fills of a permanent character and all structures used for trade, business, commerce or residence, excepting capped piles and similar structures or fixtures,” since the statute contemplates structures which enhance the value of the land.</p> <p>Same—-Action to Annul Sale—-Eminent Domain. A state contract for the sale of tide lands made without appraisement of improvements will not be annulled at the suit of a common carrier, the owner of a railroad built on piles across the same, since the appraisement of the road as an improvement would compel the purchaser to pay its value without acquiring title to the materials composing it, and a right of way could subsequently be condemned upon paying the value of the land taken without regard to the value of the improvements thereon.</p>