State ex rel. Washington Water Power Co. v. Savidge

Citations

• 75 Wash. 116
• 134 P. 680
• 1913 Wash. LEXIS 1682

Syllabus

<p>Public Lands — Disposal of State Lands — Improvements, by Lessee — Appraisement—Statutes—Construction—Acts in Pabi Materia. Under Rem. & Bal. Code, §§ 6828-6830, providing that the state may grant to public service corporations the right to overflow state lands for the construction of power plants, the board of state land commissioners to first appraise the damages, the commissioners have the power and it is their duty to appraise the damages not only to the fee, but also to the improvements of a lessee from the state although the statute does not expressly provide for appraisement of improvements; in view of the settled policy of the state, in all its general legislation in reference to the lease and sale of state lands, to constitute the board of state land commissioners as the definite tribunal to appraise and fix tbe value of the improvements thereon; since the act in question is a part of the general system relating to the same class of subjects, and acts in pari materia are to be read together.</p> <p>Mandamus — To Boards — Practice—Questions of First Instance. Upon issuing a writ of mandamus to the state land commissioners to appraise the value of the improvements of a lessee on state lands, the board will not be directed as to questions to be passed upon in-the first instance by the board.</p>