State ex rel. Hall v. Savidge

Citations

• 93 Wash. 676
• 161 P. 471

Syllabus

<p>Mines and Minerals — Lease—Right to Lease — Commissioner of Public Lands — Powers. Rem. 1915 Code, § 6791, providing for the leasing of state lands for the purpose of mining and extraction of petroleum and gas, leaves no discretion in the commissioner of public lands where a qualified person has complied with the provisions of the statute.</p> <p>Same — Lease—Powers of Commissioner — “Lands Belonging to State.” Rem. 1915 Code, § 6791, providing for the leasing of “any land belonging to the state” for the purpose of mining and extraction of petroleum and gas, applies to lands which have been sold by the state, under Id., § 6675, reserving to the state all oils, gases, and minerals and the right to enter for the purpose of taking the same.</p> <p>Same — Lease—Right to Lease — Conditions Precedent. Under Rem. 1915 Code, § 6675, reserving to the state, its successors and assigns, all oils, gases and minerals on lands sold by the state, with the right to enter for the purpose of taking the same, with the proviso that the state’s reserved rights shall not be exercised until provision has been made by the state, its successors or assigns, to pay to the owner of the land full damages sustained by reason of the entry, an applicant of an oil lease of state lands must show that provision has been made to pay to a contracting purchaser from the state the damages that he will sustain by reason of the entry, as such person is the “owner” within the meaning of the act.</p>