[WSBARP] Abandonment of newly submerged lands

[Rick Hoss]

Inundation is the flooding of uplands and aquatic lands resulting from the
construction of dams or dikes or other structures and is treated like an
avulsion - so the boundaries remain fixed. Because inundation is caused by
upland activities then existing owners are due compensation.

But erosion (the opposite of accretion) is the slow and imperceptible
washing away of land by sea or river flow - and ownership boundaries change.
Common law refers to a "moving boundary rule" for accretions and it seems
like it should also apply to erosion.

 

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kathryn R. McKinley
Sent: Wednesday, May 31, 2017 12:59 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] Abandonment of newly submerged lands

 

Has anyone ever dealt with abandonment or relinquishment of lands that have
become submerged over time? The client would like to stop paying property
tax on property which is now wholly underwater. Any thoughts will be
appreciated. An up and coming global warming issue?

 

Thanks,

 

Kathryn R. McKinley 
PHEmailLogo
717 W Sprague Ave, Ste 1200 
Spokane, WA 99201-3505 
509.455.6017

kathryn.mckinley at painehamblen.com

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170531/9515acc6/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2329 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170531/9515acc6/image001.jpg>