McCue v. Bellingham Bay Water Co.

Citations

• 5 Wash. 156
• 31 P. 461
• 1892 Wash. LEXIS 26

Syllabus

<p>STATE LANDS “LAKE BED BELOW HIGH WATER MARK — EASEMENTS— RIGHT-OE-WAY— LOCATION—NON-USER — INJUNCTION.</p> <p>Land lying below the line of ordinary high water mark in fresh water lakes belongs to the state.</p> <p>The grant to a water company of a fifty-foot right-of-way through a certain tract of land becomes fixed and certain when the company makes its selection under the deed and goes upon the land and clears and prepares its right-of-way; and injunction will not lie to prevent the construction of a pipe line thereon, unless the right-of-way has been actually abandoned, as mere non-user will not defeat the right to occupy and use it for the purpose expressed in the grant, when no time for use and occupation is pi-escribed.</p>