[WSBARP] WSBARP Digest, Vol 75, Issue 14

[K. Garl Long]

    Section 10: Powers Denied to the States

No State shall enter into any Treaty, Alliance, or Confederation; grant 
Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make 
any Thing but gold and silver Coin a Tender in Payment of Debts; pass 
any Bill of Attainder, ex post facto Law, or Law *impairing the 
Obligation of Contracts*, or grant any Title of Nobility.


On 12/15/2020 01:14 PM, Stephen Whitehouse wrote:
> My partner and I have taken a preliminary look at this. I am certainly 
> no constitutional expert and we have just been thinking through the 
> process.
> A takin theory will not work as the deprivation needs to be permanent. 
> The Washington constitution has a contract provision. I do not believe 
> there is
> any thing comparable in the US constitution. We have not explored the 
> idea of due process or a 1984 action.
>       Two law suits have been filed over the restrictions that I am 
> aware of. One in Chelan County and on in federal court in Tacoma. My 
> impression is that they were a visceral reaction by right wing groups 
> that were not well thought
> out. Neither went any where.
>
> Steve
>
> */Stephen Whitehouse/*
> */Whitehouse & Nichols, LLP/*
> */P.O. Box 1273/*
> */601 W. Railroad Ave./*
> */Shelton, Wa. 98584/*
> */360-426-5885
> swhite8893 at aol.com/*
>
>
> -----Original Message-----
> From: wsbarp-request at lists.wsbarppt.com
> To: wsbarp at lists.wsbarppt.com
> Sent: Tue, Dec 15, 2020 12:00 pm
> Subject: WSBARP Digest, Vol 75, Issue 14
>
> Send WSBARP mailing list submissions to
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> than "Re: Contents of WSBARP digest..."
>
>
> Today's Topics:
>
>   1. Re: Landlord Question (K. Garl Long)
>   2. Re: WSBARP Digest, Vol 75, Issue 13 (Stephen Whitehouse)
>   3. Re: WSBARP Digest, Vol 75, Issue 13 (Stephen Whitehouse)
>   4. Re: Landlord Question (Rob Rowley)
>   5. Re: Landlord Question (Craig Gourley)
>   6. Re: WSBARP Digest, Vol 75, Issue 13 (Timothy Lehr)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 15 Dec 2020 11:07:25 -0800
> From: "K. Garl Long" <Garl at longlaw.biz <mailto:Garl at longlaw.biz>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>, Jennifer
>     L White <jen at appletreelaw.com <mailto:jen at appletreelaw.com>>
> Subject: Re: [WSBARP] Landlord Question
> Message-ID: <2b9835ef-ed57-f90d-e088-8918a6ff115a at longlaw.biz 
> <mailto:2b9835ef-ed57-f90d-e088-8918a6ff115a at longlaw.biz>>
> Content-Type: text/plain; charset="utf-8"; Format="flowed"
>
> Yes, where are the lawyers defending the right to contract? (Or, yea, my
> law professor said that somehow that disappeared from the constitution.)
>
> K. Garl Long
>
> On 12/15/2020 10:53 AM, Jennifer L White wrote:
> >
> > Rob,
> >
> > I?m curious if any of you LL/T gurus and/or real property litigators
> > are considering filing some kind of action or class action on a
> > constitutional takings basis? It seems to me that the government has
> > turned private landlords into unwilling purveyors of public housing.
> > All of these regulations/laws were hastily conceived and handed down
> > by fiat. The result has been a tremendous and concentrated loss to
> > private property owners. Perhaps it has to play out further? Have to
> > wait to quantify the exact loss when the moratoriums end and you work
> > through getting them out under all of these onerous ?drag it out?
> > policies benefiting only tenants? We all know that deadbeat tenants
> > are never going to pay up even a tiny fraction of what they owe. That
> > is but a legal illusion of justice for the property owners.
> >
> > Jennifer L. White, Esq.
> >
> > jen at appletreelaw.com <mailto:jen at appletreelaw.com> 
> <mailto:jen at appletreelaw.com <mailto:jen at appletreelaw.com>>//
> >
> > PO Box 11037
> >
> > Yakima, WA 98909
> >
> > 509.225.9813
> >
> > *From:* wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>
> > <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> *On Behalf Of *Rowley, Rob
> > *Sent:* Tuesday, December 15, 2020 6:49 AM
> > *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> > *Subject:* Re: [WSBARP] Landlord Question
> >
> > As I tell my landlord clients we lawyers don't like guaranteeing
> > anything but there is one thing I will guarantee is that the
> > Governor?will extend the moratorium sometime into 2021.
> >
> > Also, I suspect that Pres. Biden (once in office) will also extend the
> > CDC?moratorium which is scheduled to lapse on December 31 which is
> > only for nonpayment of rent.
> >
> > You also have to look at your local county to see if they are part of
> > the Eviction Resolution Program.??Spokane County?where I am based out
> > of is a part of the ERP?and?eventually once the moratorium is lifted
> > we have to participate in the program.
> >
> > 
> http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
> >
> > Also, the upcoming legislative session has a number of?bills which
> > will be filed which will essentially make it near impossible to evict
> > a for rent (or anything) anytime soon (month to month goes away for a
> > while). Who knows what actually will pass as law is a different
> > question.??Two things that you never want to see being made?is sausage
> > and law.
> >
> > Summary:
> >
> > 
> https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
> >
> > If I'm a betting man I would say the Legislature will pass some very
> > tenant friendly provisions tied to the governor lifting the
> > moratorium.??In other words, let the Legislature take the flak?from
> > those unpaid landlords.
> >
> > Interesting times we live in.
> >
> > Rob Rowley
> >
> > Spokane
> >
> > On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal
> > <attorney at sangeetasaigal.com <mailto:attorney at sangeetasaigal.com> 
> <mailto:attorney at sangeetasaigal.com 
> <mailto:attorney at sangeetasaigal.com>>> wrote:
> >
> >    Hello Landlord Gurus,
> >
> >    I understand that there is a moratorium against evictions until
> >    December 31^st .
> >
> >    According to how I understand the proclamation this moratorium
> >    applies to tenants who have lost their jobs or source of income
> >    related to Covid.
> >
> >    Question:
> >
> >    If a residential tenant has not lost their source of income ie. On
> >    govt assistance and they are not paying the rent does the
> >    moratorium against no eviction rule apply to them.
> >
> >    How best to approach such tenant who seems to be taking advantage
> >    of the moratorium.
> >
> >    Any advice would be really appreciated.
> >
> >    Sangeeta
> >
> >    ***Disclaimer: Please note that RPPT listserv participation is not
> >    restricted to practicing attorneys and may include non-practicing
> >    attorneys, law students, professionals working in related fields,
> >    and others.***
> >
> > _______________________________________________
> >    WSBARP mailing list
> > WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com> 
> <mailto:WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>>
> > http://mailman.fsr.com/mailman/listinfo/wsbarp
> >
> >
> > --
> >
> >
> >
> > *Robert R Rowley*
> > Attorney & Counselor at Law
> > (509) 252-5074 <tel:%28509%29+252-5074>(509) 994-1143
> > <tel:%28509%29+994-1143>
> > ?(509) 928-3084 rowleylegal.com <http://www.rowleylegal.com/>
> > rob at rowleylegal.com <mailto:rob at rowleylegal.com> 
> <mailto:rob at rowleylegal.com <mailto:rob at rowleylegal.com>>
> > Helping You Protect What Matters Most
> > 
> <https://www.facebook.com/rowleylegal><https://www.twitter.com/ROBERTRROWLEY>
> >
> > /Practice concentrated on business, real estate and general legal
> > matters in Washington and Idaho. /
> >
> > NOTICE: The contents of this message and any attachments may be
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> >
> >
> >
> > ***Disclaimer: Please note that RPPT listserv participation is not 
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> ------------------------------
>
> Message: 2
> Date: Tue, 15 Dec 2020 19:07:32 +0000 (UTC)
> From: Stephen Whitehouse <swhite8893 at aol.com <mailto:swhite8893 at aol.com>>
> To: "wsbarp-request at lists.wsbarppt.com 
> <mailto:wsbarp-request at lists.wsbarppt.com>"
>     <wsbarp-request at lists.wsbarppt.com 
> <mailto:wsbarp-request at lists.wsbarppt.com>>, 
> "wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>"
>     <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] WSBARP Digest, Vol 75, Issue 13
> Message-ID: <506636436.1030501.1608059252542 at mail.yahoo.com 
> <mailto:506636436.1030501.1608059252542 at mail.yahoo.com>>
> Content-Type: text/plain; charset="utf-8"
>
> Sangeeta,? ? ? The moratorium applies to all evictions with a few 
> exceptions. The fact a tenant is unaffected by the Covid has no 
> bearing on it.?? ? ? I think it is arguable that the proclamation is 
> unconstitutional as being overly broad and an interference with 
> contractual relations. I has a similar scenario and have filed a 
> claimagainst the state. No response yet.
> Steve
>
> Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. 
> Railroad Ave.Shelton, Wa. 98584360-426-5885
> swhite8893 at aol.com <mailto:swhite8893 at aol.com>
>
>
> -----Original Message-----
> From: wsbarp-request at lists.wsbarppt.com 
> <mailto:wsbarp-request at lists.wsbarppt.com>
> To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>
> Sent: Tue, Dec 15, 2020 10:53 am
> Subject: WSBARP Digest, Vol 75, Issue 13
>
> Send WSBARP mailing list submissions to
> ??? wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>
>
> To subscribe or unsubscribe via the World Wide Web, visit
> ??? http://mailman.fsr.com/mailman/listinfo/wsbarp
> or, via email, send a message with subject or body 'help' to
> ??? wsbarp-request at lists.wsbarppt.com 
> <mailto:wsbarp-request at lists.wsbarppt.com>
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> You can reach the person managing the list at
> ??? wsbarp-owner at lists.wsbarppt.com 
> <mailto:wsbarp-owner at lists.wsbarppt.com>
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of WSBARP digest..."
>
>
> Today's Topics:
>
> ? 1. Selling Property & Retaining Tideland Rights (Inge Fordham)
> ? 2. PC - Social Security of Deceased sister (Kaitlyn Jackson)
> ? 3. Landlord Question (Sangeeta Saigal)
> ? 4. Re: Selling Property & Retaining Tideland Rights
> ? ? ? (mlstone at rockisland.com <mailto:mlstone at rockisland.com>)
> ? 5. Re: Selling Property & Retaining Tideland Rights (Roger Moss)
> ? 6. Re: Landlord Question (Rowley, Rob)
> ? 7. Re: Selling Property & Retaining Tideland Rights
> ? ? ? (Annie Fitzsimmons)
> ? 8. i/s/o Responsive HI Real Property Attorney (Jeremy)
> ? 9.? Landlord Question (Roger Moss)
> ? 10. Re: Selling Property & Retaining Tideland Rights (Kailei Feeney)
> ? 11. Re: i/s/o Responsive HI Real Property Attorney
> ? ? ? (Virginia Antipolo-Utt)
> ? 12. Re: Landlord Question (Jennifer L White)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 14 Dec 2020 21:49:56 +0000
> From: Inge Fordham <inge at fordhamlegal.com <mailto:inge at fordhamlegal.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP] Selling Property & Retaining Tideland Rights
> Message-ID: <391D151B-FF62-4ACB-9FA9-B559BE447859 at fordhamlegal.com 
> <mailto:391D151B-FF62-4ACB-9FA9-B559BE447859 at fordhamlegal.com>>
> Content-Type: text/plain; charset="utf-8"
>
> Colleagues,
>
> A PC contacted me with an interesting situation.? She has a waterfront 
> house with tideland rights and a contract to sell shellfish.? She 
> wishes to sell the property but retain the tideland rights and the 
> contract.? Is this even possible?? I can think of folks who retain 
> mineral rights but tideland rights may be a whole separate bag of worms.
>
> Thanks in advance!
>
>
> [uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
> Inge A. Fordham | Attorney
> Fordham Law, PLLC
> 3218 Sixth Avenue | Tacoma, WA 98406
> Office: (253) 348-2657 | Mobile: (206) 778-3131
> www.fordhamlegal.com<http://www.fordhamlegal.com 
> <http://www.fordhamlegal.com/>>
>
> Confidential Communication: This email is sent to a recipient on 
> behalf of an attorney/law firm, and is information intended 
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> sent.? This communication may contain proprietary, privileged or 
> confidential information or may otherwise be legally exempt from 
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> named addressee, you are not authorized to read, print, retain, copy 
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> ------------------------------
>
> Message: 2
> Date: Mon, 14 Dec 2020 16:55:01 -0800
> From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com 
> <mailto:kaitlyn at dimensionlaw.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP] PC - Social Security of Deceased sister
> Message-ID:
> ??? 
> <CAO+NF_7TGiZKHAz+sEUsBbESuQvP+3Pj2fYOrL0hNOc_UAk9yw at mail.gmail.com 
> <mailto:3Pj2fYOrL0hNOc_UAk9yw at mail.gmail.com>>
> Content-Type: text/plain; charset="utf-8"
>
> Listmates -
>
> I think I need an Elder Law attorney but I'm not quite sure where to refer
> out this case.
>
> PC's sister passed away without a spouse, children, or a will. PC's 
> brother
> found out that her previous assisted living arrangement had collected 
> about
> 10 social security checks and nobody knew they had them and they went
> uncashed. They sent them back to social security and social security won't
> release them to PC. There's also a bank account in deceased sister's name
> that PC is trying to gain possession of. PC doesn't want assets to escheat
> to the state.
>
> Anyone want to check this out? I'll send all referrals (self-referrals
> welcome).
>
> -- 
> Thank you,
>
> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
> t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com 
> <mailto:kaitlyn at dimensionlaw.com>*|
> www.dimensionlaw.com
>
> Covid-19 Update - Dimension Law Group remains available to serve our
> clients and the public during this time, subject to the orders and
> recommendations of government authority.
>
> All attorneys and staff are working remotely regular business hours 
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>
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> ------------------------------
>
> Message: 3
> Date: Tue, 15 Dec 2020 05:22:29 +0000
> From: Sangeeta Saigal <attorney at sangeetasaigal.com 
> <mailto:attorney at sangeetasaigal.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP] Landlord Question
> Message-ID: <9DCBC67B-D65F-4E33-B839-3B4731E1C60B at sangeetasaigal.com 
> <mailto:9DCBC67B-D65F-4E33-B839-3B4731E1C60B at sangeetasaigal.com>>
> Content-Type: text/plain; charset="utf-8"
>
> Hello Landlord Gurus,
>
> I understand that there is a moratorium against evictions until 
> December 31st.
>
> According to how I understand the proclamation this moratorium applies 
> to tenants who have lost their jobs or source of income related to Covid.
>
> Question:
>
> If a residential tenant has not lost their source of income ie. On 
> govt assistance and they are not paying the rent does the moratorium 
> against no eviction rule apply to them.
>
> How best to approach such tenant who seems to be taking advantage of 
> the moratorium.
>
> Any advice would be really appreciated.
>
> Sangeeta
>
>
>
> -------------- next part --------------
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> ------------------------------
>
> Message: 4
> Date: Tue, 15 Dec 2020 07:51:49 -0400
> From: <mlstone at rockisland.com <mailto:mlstone at rockisland.com>>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
> Message-ID: <00ce01d6d2d8$ad062bc0$07128340$@rockisland.com>
> Content-Type: text/plain; charset="utf-8"
>
>
>
> If the tidelands are a separate tax parcel, and she is the owner of 
> that tax parcel, then she can sell the uplands and retain ownership of 
> the tidelands.
>
>
>
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Inge Fordham
> Sent: Monday, December 14, 2020 5:50 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP] Selling Property & Retaining Tideland Rights
>
>
>
> Colleagues,
>
>
>
> A PC contacted me with an interesting situation.? She has a waterfront 
> house with tideland rights and a contract to sell shellfish.? She 
> wishes to sell the property but retain the tideland rights and the 
> contract.? Is this even possible?? I can think of folks who retain 
> mineral rights but tideland rights may be a whole separate bag of worms.
>
>
>
> Thanks in advance!
>
>
>
>
>
>
>
>
> Inge A. Fordham | Attorney
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
>
> Office: (253) 348-2657 | Mobile: (206) 778-3131
>
> www.fordhamlegal.com <http://www.fordhamlegal.com 
> <http://www.fordhamlegal.com/>>?
>
>
>
> Confidential Communication: This email is sent to a recipient on 
> behalf of an attorney/law firm, and is information intended 
> exclusively for the individual, entity or company to which it is 
> sent.? This communication may contain proprietary, privileged or 
> confidential information or may otherwise be legally exempt from 
> disclosure other than to the intended recipient.? If you are not the 
> named addressee, you are not authorized to read, print, retain, copy 
> or otherwise disseminate this message or any part of it.? If you have 
> received this email in error, please notify the sender immediately by 
> email or other communication and delete all copies of the message.
>
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> ------------------------------
>
> Message: 5
> Date: Tue, 15 Dec 2020 06:30:06 -0800
> From: Roger Moss <ram at rinconres.org <mailto:ram at rinconres.org>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
> Message-ID: <9C5A9CCC-8CA2-46AA-B42B-AA0DF8C95CDB at rinconres.org 
> <mailto:9C5A9CCC-8CA2-46AA-B42B-AA0DF8C95CDB at rinconres.org>>
> Content-Type: text/plain; charset="us-ascii"
>
> It may be easier for seller to take back a long-term 
> agricultural-style lease that provides for variable payments to new 
> owner based on crop yields.
>
> Roger A. Moss
> Mediation Counsel
> Rincon Resolutions LLC
> 206.790.1971 Seattle
> 415.371.9724 San Francisco
> RinconRes.org
>
> Confidential Correspondence
> The information in this e-mail (including attachments, if any) is 
> considered privileged and/or confidential and is intended only for the 
> recipient(s) listed above. Any review, use, disclosure, distribution 
> or copying of this e-mail is prohibited except by or on behalf of the 
> intended recipient. If you have received this email in error, please 
> notify me immediately by reply email, delete this email, and do not 
> disclose its contents to anyone.
>
>
> > On Dec 14, 2020, at 1:49 PM, Inge Fordham <inge at fordhamlegal.com 
> <mailto:inge at fordhamlegal.com>> wrote:
> >
> > Colleagues,
> >?
> > A PC contacted me with an interesting situation.? She has a 
> waterfront house with tideland rights and a contract to sell 
> shellfish.? She wishes to sell the property but retain the tideland 
> rights and the contract.? Is this even possible?? I can think of folks 
> who retain mineral rights but tideland rights may be a whole separate 
> bag of worms.
> >?
> > Thanks in advance!
> >?
> >?
> > <image001.png>
> > Inge A. Fordham | Attorney
> > Fordham Law, PLLC
> > 3218 Sixth Avenue | Tacoma, WA 98406
> > Office: (253) 348-2657 | Mobile: (206) 778-3131
> > www.fordhamlegal.com <http://www.fordhamlegal.com/>
> >?
> > Confidential Communication: This email is sent to a recipient on 
> behalf of an attorney/law firm, and is information intended 
> exclusively for the individual, entity or company to which it is 
> sent.? This communication may contain proprietary, privileged or 
> confidential information or may otherwise be legally exempt from 
> disclosure other than to the intended recipient.? If you are not the 
> named addressee, you are not authorized to read, print, retain, copy 
> or otherwise disseminate this message or any part of it.? If you have 
> received this email in error, please notify the sender immediately by 
> email or other communication and delete all copies of the message.
> > ***Disclaimer: Please note that RPPT listserv participation is not 
> restricted to practicing attorneys and may include non-practicing 
> attorneys, law students, professionals working in related fields, and 
> others.***
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com> 
> <mailto:WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>>
> > http://mailman.fsr.com/mailman/listinfo/wsbarp 
> <http://mailman.fsr.com/mailman/listinfo/wsbarp>
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>
> ------------------------------
>
> Message: 6
> Date: Tue, 15 Dec 2020 06:49:23 -0800
> From: "Rowley, Rob" <rob at rowleylegal.com <mailto:rob at rowleylegal.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Landlord Question
> Message-ID:
> ??? 
> <CAONTfDn68_pzUSad93ha3Kvaz9wHPOHA=aC0GHcf8u9Q8jRkbQ at mail.gmail.com 
> <mailto:aC0GHcf8u9Q8jRkbQ at mail.gmail.com>>
> Content-Type: text/plain; charset="utf-8"
>
> As I tell my landlord clients we lawyers don't like guaranteeing anything
> but there is one thing I will guarantee is that the Governor will extend
> the moratorium sometime into 2021.
>
> Also, I suspect that Pres. Biden (once in office) will also extend the
> CDC moratorium which is scheduled to lapse on December 31 which is 
> only for
> nonpayment of rent.
>
> You also have to look at your local county to see if they are part of the
> Eviction Resolution Program.? Spokane County where I am based out of is a
> part of the ERP and eventually once the moratorium is lifted we have to
> participate in the program.
> http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
>
> Also, the upcoming legislative session has a number of bills which will be
> filed which will essentially make it near impossible to evict a for rent
> (or anything) anytime soon (month to month goes away for a while). Who
> knows what actually will pass as law is a different question.? Two things
> that you never want to see being made is sausage and law.
>
> Summary:
> https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
>
> If I'm a betting man I would say the Legislature will pass some very 
> tenant
> friendly provisions tied to the governor lifting the moratorium.? In other
> words, let the Legislature take the flak from those unpaid landlords.
>
> Interesting times we live in.
>
> Rob Rowley
> Spokane
>
>
>
>
>
>
>
>
>
> On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal 
> <attorney at sangeetasaigal.com <mailto:attorney at sangeetasaigal.com>>
> wrote:
>
> > Hello Landlord Gurus,
> >
> >
> >
> > I understand that there is a moratorium against evictions until 
> December 31
> > st.
> >
> >
> >
> > According to how I understand the proclamation this moratorium 
> applies to
> > tenants who have lost their jobs or source of income related to Covid.
> >
> >
> >
> > Question:
> >
> >
> >
> > If a residential tenant has not lost their source of income ie. On govt
> > assistance and they are not paying the rent does the moratorium 
> against no
> > eviction rule apply to them.
> >
> >
> >
> > How best to approach such tenant who seems to be taking advantage of the
> > moratorium.
> >
> >
> >
> > Any advice would be really appreciated.
> >
> >
> >
> > Sangeeta
> >
> >
> >
> >
> >
> >
> > ***Disclaimer: Please note that RPPT listserv participation is not
> > restricted to practicing attorneys and may include non-practicing
> > attorneys, law students, professionals working in related fields, and
> > others.***
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> > http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
> -- 
> Robert R Rowley
> Attorney & Counselor at Law
> (509) 252-5074? (509) 994-1143
> (509) 928-3084? rowleylegal.com <http://www.rowleylegal.com/>
> rob at rowleylegal.com <mailto:rob at rowleylegal.com>
> Helping You Protect What Matters Most
> <https://www.facebook.com/rowleylegal>
> <https://www.twitter.com/ROBERTRROWLEY>
>
> *Practice concentrated on business, real estate and general legal matters
> in Washington and Idaho. *
>
> NOTICE: The contents of this message and any attachments may be protected
> by the attorney-client privilege, work product doctrine or other 
> applicable
> protections. If you are not the intended recipient or have received this
> message in error, please notify the sender and promptly delete the 
> message.
> Thank you for your assistance. DISCLAIMER: You should recognize that
> responses provided by e-mail means are akin to ordinary telephone or
> face-to-face conversations and do not reflect the level of factual or 
> legal
> inquiry or analysis which would be applied in the case of a formal legal
> opinion. A formal opinion may very well reach a different conclusion.
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>
> ------------------------------
>
> Message: 7
> Date: Tue, 15 Dec 2020 07:51:39 -0800 (PST)
> From: Annie Fitzsimmons <atfitz at comcast.net <mailto:atfitz at comcast.net>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>, Roger
> ??? Moss <ram at rinconres.org <mailto:ram at rinconres.org>>
> Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
> Message-ID: <243823441.144523.1608047500266 at connect.xfinity.com 
> <mailto:243823441.144523.1608047500266 at connect.xfinity.com>>
> Content-Type: text/plain; charset="utf-8"
>
> I handled a transaction like this several years ago where the seller 
> retained the right to proceeds from the crop that was planted and 
> after that, had no ongoing rights in the tidelands or a shellfish lease.
>
> Annette T. Fitzsimmons P.S.
> P.O. Box 430
> Belfair, WA 98528
>
> >? ? On 12/15/2020 6:30 AM Roger Moss <ram at rinconres.org 
> <mailto:ram at rinconres.org>> wrote:
> >? ? ?
> >? ? ?
> >? ? It may be easier for seller to take back a long-term 
> agricultural-style lease that provides for variable payments to new 
> owner based on crop yields.
> >
> >? ? Roger A. Moss
> >? ? Mediation Counsel
> >? ? Rincon Resolutions LLC
> >? ? 206.790.1971 Seattle
> >? ? 415.371.9724 San? Franciscohttp://RinconRes.org
> >
> >
> >? ? Confidential Correspondence
> >? ? The information in this e-mail (including attachments, if any) is 
> considered privileged and/or confidential and is intended only for the 
> recipient(s) listed above. Any review, use, disclosure, distribution 
> or copying of this e-mail is prohibited except by or on behalf of the 
> intended recipient. If you have received this email in error, please 
> notify me immediately by reply email, delete this email, and do not 
> disclose its contents to anyone.
> >
> >
> >? ? ? ? > >? ? ? ? On Dec 14, 2020, at 1:49 PM, Inge Fordham < 
> inge at fordhamlegal.com <mailto:inge at fordhamlegal.com> 
> mailto:inge at fordhamlegal.com <mailto:inge at fordhamlegal.com> > wrote:
> > >? ? ? ? Colleagues,
> > >? ? ? ? ?
> > >? ? ? ? A PC contacted me with an interesting situation.? She has a 
> waterfront house with tideland rights and a contract to sell 
> shellfish.? She wishes to sell the property but retain the tideland 
> rights and the contract.? Is this even possible?? I can think of folks 
> who retain mineral rights but tideland rights may be a whole separate 
> bag of worms.
> > >? ? ? ? ?
> > >? ? ? ? Thanks in advance!
> > >? ? ? ? ?
> > >? ? ? ? ?
> > >? ? ? ? <image001.png>
> > >? ? ? ? Inge A. Fordham | Attorney
> > >? ? ? ? Fordham Law, PLLC
> > >? ? ? ? 3218 Sixth Avenue | Tacoma, WA 98406
> > >? ? ? ? Office: (253) 348-2657 | Mobile: (206) 778-3131
> > >? ? ? ? www.fordhamlegal.com http://www.fordhamlegal.com/
> > >? ? ? ? ?
> > >? ? ? ? Confidential Communication:? This email is sent to a 
> recipient on behalf of an attorney/law firm, and is information 
> intended exclusively for the individual, entity or company to which it 
> is sent.? This communication may contain proprietary, privileged or 
> confidential information or may otherwise be legally exempt from 
> disclosure other than to the intended recipient.? If you are not the 
> named addressee, you are not authorized to read, print, retain, copy 
> or otherwise disseminate this message or any part of it.? If you have 
> received this email in error, please notify the sender immediately by 
> email or other communication and delete all copies of the message.
> > >? ? ? ? ***Disclaimer: Please note that RPPT listserv participation 
> is not restricted to practicing attorneys and may include 
> non-practicing attorneys, law students, professionals working in 
> related fields, and others.***
> > >
> > >? ? ? ? _______________________________________________
> > >? ? ? ? WSBARP mailing list
> > >? ? ? ? WSBARP at lists.wsbarppt.com 
> <mailto:WSBARP at lists.wsbarppt.com> mailto:WSBARP at lists.wsbarppt.com 
> <mailto:WSBARP at lists.wsbarppt.com>
> > >? ? ? ? http://mailman.fsr.com/mailman/listinfo/wsbarp
> > >
> > >? ? >
> >? ? ***Disclaimer: Please note that RPPT listserv participation is 
> not restricted to practicing attorneys and may include non-practicing 
> attorneys, law students, professionals working in related fields, and 
> others.***
> >
> >? ? _______________________________________________
> >? ? WSBARP mailing list
> >? ? WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> >? ? http://mailman.fsr.com/mailman/listinfo/wsbarp
> >
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>
> ------------------------------
>
> Message: 8
> Date: Tue, 15 Dec 2020 17:10:56 +0000
> From: Jeremy <jeremy at basalt.legal <mailto:jeremy at basalt.legal>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Cc: Morgan Lawless <morgan at basalt.legal <mailto:morgan at basalt.legal>>
> Subject: [WSBARP] i/s/o Responsive HI Real Property Attorney
> Message-ID:
> ??? 
> <MWHPR18MB1087031415E7AE1FEE697F7DB2C60 at MWHPR18MB1087.namprd18.prod.outlook.com 
> <mailto:MWHPR18MB1087031415E7AE1FEE697F7DB2C60 at MWHPR18MB1087.namprd18.prod.outlook.com>>
> ???
> Content-Type: text/plain; charset="us-ascii"
>
> Any recommendations for a good Hawaii real estate attorney? Thanks!
>
>
> Very truly yours,
>
> Jeremy Scott Hyndman, Esq.
> Managing Attorney
>
> [Basalt Legal Logo]
>
> 6 1/2 N. 2nd Avenue, Suite 200
> Walla Walla, WA 99362
>
> T: 509.529.0630
> F: 509.525.0630
>
> www.basalt.legal<http://www.basalt.legal/>
>
> The information contained in this message may be privileged and 
> confidential, and is intended to be used only by the recipient or the 
> recipient's authorized agent.? Any unauthorized use or distribution 
> may be prohibited by law.? If you have received this message in error, 
> please notify the sender and immediately delete the message, and any 
> attachments, from your files.
>
>
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>
> ------------------------------
>
> Message: 9
> Date: Tue, 15 Dec 2020 09:50:45 -0800
> From: Roger Moss <ram at rinconres.org <mailto:ram at rinconres.org>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP]? Landlord Question
> Message-ID: <BF14D9C4-5E8E-4CCF-BD5F-5EC8BD4BEC14 at rinconres.org 
> <mailto:BF14D9C4-5E8E-4CCF-BD5F-5EC8BD4BEC14 at rinconres.org>>
> Content-Type: text/plain; charset="utf-8"
>
> > How best to approach such tenant who seems to be taking advantage of 
> the moratorium.
>
> Sangeeta,
>
> Possible answers depend on hearing information not in your question. 
> And for the reasons Rob Rowley laid out this morning, ?approaches? at 
> this time should be elliptical, grounded in sleuthing and soft skills, 
> more than other things.
>
> Consider consulting with a professional neutral experienced in tenant 
> - landlord dispute navigation.
>
> Roger A. Moss
> Mediation Counsel
> Rincon Resolutions LLC
> 206.790.1971 Seattle
> 415.371.9724 San Francisco
> RinconRes.org
>
> Confidential Correspondence
> The information in this e-mail (including attachments, if any) is 
> considered privileged and/or confidential and is intended only for the 
> recipient(s) listed above. Any review, use, disclosure, distribution 
> or copying of this e-mail is prohibited except by or on behalf of the 
> intended recipient. If you have received this email in error, please 
> notify me immediately by reply email, delete this email, and do not 
> disclose its contents to anyone.
>
>
> > On Dec 14, 2020, at 9:22 PM, Sangeeta Saigal 
> <attorney at sangeetasaigal.com <mailto:attorney at sangeetasaigal.com>> wrote:
> >
> > Hello Landlord Gurus,
> >?
> > I understand that there is a moratorium against evictions until 
> December 31st.
> >?
> > According to how I understand the proclamation this moratorium 
> applies to tenants who have lost their jobs or source of income 
> related to Covid.? ?
> >?
> > Question:?
> >?
> > If a residential tenant has not lost their source of income ie. On 
> govt assistance and they are not paying the rent does the moratorium 
> against no eviction rule apply to them.
> >?
> > How best to approach such tenant who seems to be taking advantage of 
> the moratorium.
> >?
> > Any advice would be really appreciated.
> >?
> > Sangeeta
> >?
> >?
> >?
> > ***Disclaimer: Please note that RPPT listserv participation is not 
> restricted to practicing attorneys and may include non-practicing 
> attorneys, law students, professionals working in related fields, and 
> others.***
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com> 
> <mailto:WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>>
> > http://mailman.fsr.com/mailman/listinfo/wsbarp 
> <http://mailman.fsr.com/mailman/listinfo/wsbarp>
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> ------------------------------
>
> Message: 10
> Date: Tue, 15 Dec 2020 17:53:34 +0000
> From: Kailei Feeney <kailei at westseattlelaw.com 
> <mailto:kailei at westseattlelaw.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
> Message-ID:
> ??? 
> <MW3PR22MB2266ABE207CA70160FC36595A7C60 at MW3PR22MB2266.namprd22.prod.outlook.com 
> <mailto:MW3PR22MB2266ABE207CA70160FC36595A7C60 at MW3PR22MB2266.namprd22.prod.outlook.com>>
> ???
> Content-Type: text/plain; charset="utf-8"
>
> Agreed ? it will depend on the parcels, a lot in our state have 
> tidelands and adjacent property as separate TPNs. If so, then also 
> ensuring your client has or creates a necessary grant of access prior 
> to sale will likely be important.
>
> Kailei
> Kailei B. Feeney
> Attorney-at-Law
> [cid:image002.jpg at 01D6D2C8.256FBBA0 
> <mailto:image002.jpg at 01D6D2C8.256FBBA0>]
> 3909 California Avenue SW
> Seattle, WA 98116-3705
> (206)938-5500
> kailei at westseattlelaw.com 
> <mailto:kailei at westseattlelaw.com><mailto:kailei at westseattlelaw.com 
> <mailto:kailei at westseattlelaw.com>>
> www.westseattlelaw.com<http://www.westseattlelaw.com/>
> For your planning, our office will be closed December 24, 25 and 31 
> and January 1, 4 and 5.
>
> For the latest information regarding firm operations and precautions 
> in light of the Coronavirus please visit our firm?s website: 
> www.WestSeattleLaw.com<http://www.westseattlelaw.com/>.
> Click here to connect with de Vrieze | Carney on Facebook:? [FB Logo] 
> <https://www.facebook.com/DeVriezeCarney>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally 
> privileged and/or confidential information.? If you have received this 
> e-mail in error, please notify the sender immediately and delete all 
> copies of this e-mail message and any attachment. Unless you have 
> previously signed an engagement agreement with this firm, and the firm 
> has accepted you as a client, NO exchange of information by virtue of 
> emails or communications will create any attorney client relationship, 
> including any duty of confidentiality, between sender and/or recipient.
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of 
> mlstone at rockisland.com <mailto:mlstone at rockisland.com>
> Sent: Tuesday, December 15, 2020 3:52 AM
> To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
>
>
> If the tidelands are a separate tax parcel, and she is the owner of 
> that tax parcel, then she can sell the uplands and retain ownership of 
> the tidelands.
>
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>>> On Behalf Of Inge Fordham
> Sent: Monday, December 14, 2020 5:50 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>>
> Subject: [WSBARP] Selling Property & Retaining Tideland Rights
>
> Colleagues,
>
> A PC contacted me with an interesting situation.? She has a waterfront 
> house with tideland rights and a contract to sell shellfish.? She 
> wishes to sell the property but retain the tideland rights and the 
> contract.? Is this even possible?? I can think of folks who retain 
> mineral rights but tideland rights may be a whole separate bag of worms.
>
> Thanks in advance!
>
>
> [uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
> Inge A. Fordham | Attorney
> Fordham Law, PLLC
> 3218 Sixth Avenue | Tacoma, WA 98406
> Office: (253) 348-2657 | Mobile: (206) 778-3131
> www.fordhamlegal.com<http://www.fordhamlegal.com 
> <http://www.fordhamlegal.com/>>
>
> Confidential Communication: This email is sent to a recipient on 
> behalf of an attorney/law firm, and is information intended 
> exclusively for the individual, entity or company to which it is 
> sent.? This communication may contain proprietary, privileged or 
> confidential information or may otherwise be legally exempt from 
> disclosure other than to the intended recipient.? If you are not the 
> named addressee, you are not authorized to read, print, retain, copy 
> or otherwise disseminate this message or any part of it.? If you have 
> received this email in error, please notify the sender immediately by 
> email or other communication and delete all copies of the message.
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>
> ------------------------------
>
> Message: 11
> Date: Tue, 15 Dec 2020 18:04:18 +0000
> From: Virginia Antipolo-Utt <virginia at aplawfirm.com 
> <mailto:virginia at aplawfirm.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] i/s/o Responsive HI Real Property Attorney
> Message-ID:
> ??? 
> <MWHPR04MB048123FBAE6E366A334287C0CBC60 at MWHPR04MB0481.namprd04.prod.outlook.com 
> <mailto:MWHPR04MB048123FBAE6E366A334287C0CBC60 at MWHPR04MB0481.namprd04.prod.outlook.com>>
> ???
> Content-Type: text/plain; charset="us-ascii"
>
> Robert Triantos in Kailua Kona, HI.
>
> Virginia C. Antipolo-Utt
> Antipolo & Paul Law Firm, P.S.
> 2825 Colby Avenue, Suite 301
> Everett, WA? 98201
> (425) 303-9100, ext. 111
> (425) 258-9685 (fax)
> virginia at aplawfirm.com 
> <mailto:virginia at aplawfirm.com><mailto:virginia at aplawfirm.com 
> <mailto:virginia at aplawfirm.com>>
> _______________________________________
> Under recently issued IRS regulations, we must inform you that any US 
> tax advice contained in this message was not intended or written to be 
> used, and cannot be used, for the purpose of avoiding penalties that 
> may be imposed under federal tax law.? By regulation, a taxpayer 
> cannot rely on professional advice to avoid federal tax penalties 
> unless that advice is reflected in a comprehensive tax opinion that 
> conforms to strict requirements.
> _______________________________________
> CONFIDENTIALITY NOTICE:? This information contained in this email 
> message and attachments may be privileged, confidential and protected 
> from disclosure.? If you are not the intended recipient, any 
> dissemination, disclosure, distribution or copying of the contents of 
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> message in error, please delete the message and email the sender at 
> virginia at aplawfirm.com 
> <mailto:virginia at aplawfirm.com><mailto:virginia at aplawfirm.com 
> <mailto:virginia at aplawfirm.com>>.
>
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Jeremy
> Sent: Tuesday, December 15, 2020 9:11 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Cc: Morgan Lawless <morgan at basalt.legal <mailto:morgan at basalt.legal>>
> Subject: [WSBARP] i/s/o Responsive HI Real Property Attorney
>
> Any recommendations for a good Hawaii real estate attorney? Thanks!
>
>
> Very truly yours,
>
> Jeremy Scott Hyndman, Esq.
> Managing Attorney
>
> [Basalt Legal Logo]
>
> 6 1/2 N. 2nd Avenue, Suite 200
> Walla Walla, WA 99362
>
> T: 509.529.0630
> F: 509.525.0630
>
> www.basalt.legal<http://www.basalt.legal/>
>
> The information contained in this message may be privileged and 
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>
> ------------------------------
>
> Message: 12
> Date: Tue, 15 Dec 2020 18:53:07 +0000
> From: Jennifer L White <jen at appletreelaw.com 
> <mailto:jen at appletreelaw.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Landlord Question
> Message-ID:
> ??? 
> <BYAPR14MB2613920276020C6EBEA55087C0C60 at BYAPR14MB2613.namprd14.prod.outlook.com 
> <mailto:BYAPR14MB2613920276020C6EBEA55087C0C60 at BYAPR14MB2613.namprd14.prod.outlook.com>>
> ???
> Content-Type: text/plain; charset="utf-8"
>
> Rob,
> I?m curious if any of you LL/T gurus and/or real property litigators 
> are considering filing some kind of action or class action on a 
> constitutional takings basis? It seems to me that the government has 
> turned private landlords into unwilling purveyors of public housing. 
> All of these regulations/laws were hastily conceived and handed down 
> by fiat. The result has been a tremendous and concentrated loss to 
> private property owners. Perhaps it has to play out further? Have to 
> wait to quantify the exact loss when the moratoriums end and you work 
> through getting them out under all of these onerous ?drag it out? 
> policies benefiting only tenants? We all know that deadbeat tenants 
> are never going to pay up even a tiny fraction of what they owe. That 
> is but a legal illusion of justice for the property owners.
>
> Jennifer L. White, Esq.
> [cid:image001.jpg at 01D6D2D0.781B64A0 
> <mailto:image001.jpg at 01D6D2D0.781B64A0>]
>
> jen at appletreelaw.com 
> <mailto:jen at appletreelaw.com><mailto:jen at appletreelaw.com 
> <mailto:jen at appletreelaw.com>>
> PO Box 11037
> Yakima, WA 98909
> 509.225.9813
>
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Rowley, Rob
> Sent: Tuesday, December 15, 2020 6:49 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Landlord Question
>
> As I tell my landlord clients we lawyers don't like guaranteeing 
> anything but there is one thing I will guarantee is that the Governor 
> will extend the moratorium sometime into 2021.
>
> Also, I suspect that Pres. Biden (once in office) will also extend the 
> CDC moratorium which is scheduled to lapse on December 31 which is 
> only for nonpayment of rent.
>
> You also have to look at your local county to see if they are part of 
> the Eviction Resolution Program.? Spokane County where I am based out 
> of is a part of the ERP and eventually once the moratorium is lifted 
> we have to participate in the program.
> http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
>
> Also, the upcoming legislative session has a number of bills which 
> will be filed which will essentially make it near impossible to evict 
> a for rent (or anything) anytime soon (month to month goes away for a 
> while). Who knows what actually will pass as law is a different 
> question.? Two things that you never want to see being made is sausage 
> and law.
>
> Summary:
> https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
>
> If I'm a betting man I would say the Legislature will pass some very 
> tenant friendly provisions tied to the governor lifting the 
> moratorium.? In other words, let the Legislature take the flak from 
> those unpaid landlords.
>
> Interesting times we live in.
>
> Rob Rowley
> Spokane
>
>
>
>
>
>
>
>
>
> On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal 
> <attorney at sangeetasaigal.com 
> <mailto:attorney at sangeetasaigal.com><mailto:attorney at sangeetasaigal.com 
> <mailto:attorney at sangeetasaigal.com>>> wrote:
> Hello Landlord Gurus,
>
> I understand that there is a moratorium against evictions until 
> December 31st.
>
> According to how I understand the proclamation this moratorium applies 
> to tenants who have lost their jobs or source of income related to Covid.
>
> Question:
>
> If a residential tenant has not lost their source of income ie. On 
> govt assistance and they are not paying the rent does the moratorium 
> against no eviction rule apply to them.
>
> How best to approach such tenant who seems to be taking advantage of 
> the moratorium.
>
> Any advice would be really appreciated.
>
> Sangeeta
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not 
> restricted to practicing attorneys and may include non-practicing 
> attorneys, law students, professionals working in related fields, and 
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com 
> <mailto:WSBARP at lists.wsbarppt.com><mailto:WSBARP at lists.wsbarppt.com 
> <mailto:WSBARP at lists.wsbarppt.com>>
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
> --
> [https://i.ibb.co/zhtPrmq/photo.jpg]
> Robert R Rowley
> Attorney & Counselor at Law
> [https://i.ibb.co/pQMswXQ/Phone.png] (509) 
> 252-5074<tel:(509)+252-5074>? 
> [https://i.postimg.cc/xTCwQ1Kt/mobile-black-icon.png]? (509) 
> 994-1143<tel:(509)+994-1143>
> [https://i.postimg.cc/8P0qzg4D/fax-black-icon.png] (509) 928-3084? 
> [https://i.postimg.cc/bwS4GVVn/website-black-icon.png]? 
> rowleylegal.com<http://www.rowleylegal.com/>
> [https://i.ibb.co/YN4BQxt/mess.png] rob at rowleylegal.com 
> <mailto:rob at rowleylegal.com><mailto:rob at rowleylegal.com 
> <mailto:rob at rowleylegal.com>>
> Helping You Protect What Matters Most
> [https://i.imgur.com/HdVhIRq.png]<https://www.facebook.com/rowleylegal>? 
> [https://i.imgur.com/6ORQfXY.png] <https://www.twitter.com/ROBERTRROWLEY>
> Practice concentrated on business, real estate and general legal 
> matters in Washington and Idaho.
> NOTICE: The contents of this message and any attachments may be 
> protected by the attorney-client privilege, work product doctrine or 
> other applicable protections. If you are not the intended recipient or 
> have received this message in error, please notify the sender and 
> promptly delete the message. Thank you for your assistance. 
> DISCLAIMER: You should recognize that responses provided by e-mail 
> means are akin to ordinary telephone or face-to-face conversations and 
> do not reflect the level of factual or legal inquiry or analysis which 
> would be applied in the case of a formal legal opinion. A formal 
> opinion may very well reach a different conclusion.
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>
> ------------------------------
>
> ***Disclaimer: Please note that RPPT listserv participation is not 
> restricted to practicing attorneys and may include non-practicing 
> attorneys, law students, professionals working in related fields, and 
> others.***
> _______________________________________________
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> End of WSBARP Digest, Vol 75, Issue 13
> **************************************
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> ------------------------------
>
> Message: 3
> Date: Tue, 15 Dec 2020 19:13:57 +0000 (UTC)
> From: Stephen Whitehouse <swhite8893 at aol.com <mailto:swhite8893 at aol.com>>
> To: "wsbarp-request at lists.wsbarppt.com 
> <mailto:wsbarp-request at lists.wsbarppt.com>"
>     <wsbarp-request at lists.wsbarppt.com 
> <mailto:wsbarp-request at lists.wsbarppt.com>>, 
> "wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>"
>     <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] WSBARP Digest, Vol 75, Issue 13
> Message-ID: <1715452463.1033863.1608059637879 at mail.yahoo.com 
> <mailto:1715452463.1033863.1608059637879 at mail.yahoo.com>>
> Content-Type: text/plain; charset="utf-8"
>
> Inge,? ? ?I agree with the idea of not selling the tidelands. You 
> could give the buyer an easement to access the tidelands but specify 
> they are not to interfere with the shellfish operations.? ? ?You do 
> have to consider access to the tidelands, but it could be solely by 
> water. You also need to understand where the tidelands begin and end. 
> If the patent was issued after statehood, then the dividing line is 
> ordinary high water. If before, it is the meander line. If your patent 
> was issued after statehood, November of 1889, but within a few years 
> of that, then you need to check further. The actual vesting date is 
> the date of the receiver's receipt which can be obtained from the 
> National Archives. If you need to locate the meander line, only a 
> surveyor can tell you where it is, and is a more involved process, and 
> more expensive, than a regular survey.??
> Steve
>
> Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. 
> Railroad Ave.Shelton, Wa. 98584360-426-5885
> swhite8893 at aol.com <mailto:swhite8893 at aol.com>
>
>
> -----Original Message-----
> From: wsbarp-request at lists.wsbarppt.com 
> <mailto:wsbarp-request at lists.wsbarppt.com>
> To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>
> Sent: Tue, Dec 15, 2020 10:53 am
> Subject: WSBARP Digest, Vol 75, Issue 13
>
> Send WSBARP mailing list submissions to
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>
> To subscribe or unsubscribe via the World Wide Web, visit
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> <mailto:wsbarp-owner at lists.wsbarppt.com>
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of WSBARP digest..."
>
>
> Today's Topics:
>
> ? 1. Selling Property & Retaining Tideland Rights (Inge Fordham)
> ? 2. PC - Social Security of Deceased sister (Kaitlyn Jackson)
> ? 3. Landlord Question (Sangeeta Saigal)
> ? 4. Re: Selling Property & Retaining Tideland Rights
> ? ? ? (mlstone at rockisland.com <mailto:mlstone at rockisland.com>)
> ? 5. Re: Selling Property & Retaining Tideland Rights (Roger Moss)
> ? 6. Re: Landlord Question (Rowley, Rob)
> ? 7. Re: Selling Property & Retaining Tideland Rights
> ? ? ? (Annie Fitzsimmons)
> ? 8. i/s/o Responsive HI Real Property Attorney (Jeremy)
> ? 9.? Landlord Question (Roger Moss)
> ? 10. Re: Selling Property & Retaining Tideland Rights (Kailei Feeney)
> ? 11. Re: i/s/o Responsive HI Real Property Attorney
> ? ? ? (Virginia Antipolo-Utt)
> ? 12. Re: Landlord Question (Jennifer L White)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 14 Dec 2020 21:49:56 +0000
> From: Inge Fordham <inge at fordhamlegal.com <mailto:inge at fordhamlegal.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP] Selling Property & Retaining Tideland Rights
> Message-ID: <391D151B-FF62-4ACB-9FA9-B559BE447859 at fordhamlegal.com 
> <mailto:391D151B-FF62-4ACB-9FA9-B559BE447859 at fordhamlegal.com>>
> Content-Type: text/plain; charset="utf-8"
>
> Colleagues,
>
> A PC contacted me with an interesting situation.? She has a waterfront 
> house with tideland rights and a contract to sell shellfish.? She 
> wishes to sell the property but retain the tideland rights and the 
> contract.? Is this even possible?? I can think of folks who retain 
> mineral rights but tideland rights may be a whole separate bag of worms.
>
> Thanks in advance!
>
>
> [uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
> Inge A. Fordham | Attorney
> Fordham Law, PLLC
> 3218 Sixth Avenue | Tacoma, WA 98406
> Office: (253) 348-2657 | Mobile: (206) 778-3131
> www.fordhamlegal.com<http://www.fordhamlegal.com 
> <http://www.fordhamlegal.com/>>
>
> Confidential Communication: This email is sent to a recipient on 
> behalf of an attorney/law firm, and is information intended 
> exclusively for the individual, entity or company to which it is 
> sent.? This communication may contain proprietary, privileged or 
> confidential information or may otherwise be legally exempt from 
> disclosure other than to the intended recipient.? If you are not the 
> named addressee, you are not authorized to read, print, retain, copy 
> or otherwise disseminate this message or any part of it.? If you have 
> received this email in error, please notify the sender immediately by 
> email or other communication and delete all copies of the message.
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>
> ------------------------------
>
> Message: 2
> Date: Mon, 14 Dec 2020 16:55:01 -0800
> From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com 
> <mailto:kaitlyn at dimensionlaw.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP] PC - Social Security of Deceased sister
> Message-ID:
> ??? 
> <CAO+NF_7TGiZKHAz+sEUsBbESuQvP+3Pj2fYOrL0hNOc_UAk9yw at mail.gmail.com 
> <mailto:3Pj2fYOrL0hNOc_UAk9yw at mail.gmail.com>>
> Content-Type: text/plain; charset="utf-8"
>
> Listmates -
>
> I think I need an Elder Law attorney but I'm not quite sure where to refer
> out this case.
>
> PC's sister passed away without a spouse, children, or a will. PC's 
> brother
> found out that her previous assisted living arrangement had collected 
> about
> 10 social security checks and nobody knew they had them and they went
> uncashed. They sent them back to social security and social security won't
> release them to PC. There's also a bank account in deceased sister's name
> that PC is trying to gain possession of. PC doesn't want assets to escheat
> to the state.
>
> Anyone want to check this out? I'll send all referrals (self-referrals
> welcome).
>
> -- 
> Thank you,
>
> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
> t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com 
> <mailto:kaitlyn at dimensionlaw.com>*|
> www.dimensionlaw.com
>
> Covid-19 Update - Dimension Law Group remains available to serve our
> clients and the public during this time, subject to the orders and
> recommendations of government authority.
>
> All attorneys and staff are working remotely regular business hours 
> and are
> available via email and by phone. Videoconferencing also is available. We
> will continue to advise and support our clients throughout this health
> emergency.
>
> -- 
> PRIVILEGED AND CONFIDENTIAL:??This e-mail (including any attachments) is
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> recipient, or the employee or agent responsible to deliver it to the
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> ------------------------------
>
> Message: 3
> Date: Tue, 15 Dec 2020 05:22:29 +0000
> From: Sangeeta Saigal <attorney at sangeetasaigal.com 
> <mailto:attorney at sangeetasaigal.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP] Landlord Question
> Message-ID: <9DCBC67B-D65F-4E33-B839-3B4731E1C60B at sangeetasaigal.com 
> <mailto:9DCBC67B-D65F-4E33-B839-3B4731E1C60B at sangeetasaigal.com>>
> Content-Type: text/plain; charset="utf-8"
>
> Hello Landlord Gurus,
>
> I understand that there is a moratorium against evictions until 
> December 31st.
>
> According to how I understand the proclamation this moratorium applies 
> to tenants who have lost their jobs or source of income related to Covid.
>
> Question:
>
> If a residential tenant has not lost their source of income ie. On 
> govt assistance and they are not paying the rent does the moratorium 
> against no eviction rule apply to them.
>
> How best to approach such tenant who seems to be taking advantage of 
> the moratorium.
>
> Any advice would be really appreciated.
>
> Sangeeta
>
>
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: 
> <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/4cfdeb33/attachment-0001.html>
>
> ------------------------------
>
> Message: 4
> Date: Tue, 15 Dec 2020 07:51:49 -0400
> From: <mlstone at rockisland.com <mailto:mlstone at rockisland.com>>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
> Message-ID: <00ce01d6d2d8$ad062bc0$07128340$@rockisland.com>
> Content-Type: text/plain; charset="utf-8"
>
>
>
> If the tidelands are a separate tax parcel, and she is the owner of 
> that tax parcel, then she can sell the uplands and retain ownership of 
> the tidelands.
>
>
>
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Inge Fordham
> Sent: Monday, December 14, 2020 5:50 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP] Selling Property & Retaining Tideland Rights
>
>
>
> Colleagues,
>
>
>
> A PC contacted me with an interesting situation.? She has a waterfront 
> house with tideland rights and a contract to sell shellfish.? She 
> wishes to sell the property but retain the tideland rights and the 
> contract.? Is this even possible?? I can think of folks who retain 
> mineral rights but tideland rights may be a whole separate bag of worms.
>
>
>
> Thanks in advance!
>
>
>
>
>
>
>
>
> Inge A. Fordham | Attorney
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
>
> Office: (253) 348-2657 | Mobile: (206) 778-3131
>
> www.fordhamlegal.com <http://www.fordhamlegal.com 
> <http://www.fordhamlegal.com/>>?
>
>
>
> Confidential Communication: This email is sent to a recipient on 
> behalf of an attorney/law firm, and is information intended 
> exclusively for the individual, entity or company to which it is 
> sent.? This communication may contain proprietary, privileged or 
> confidential information or may otherwise be legally exempt from 
> disclosure other than to the intended recipient.? If you are not the 
> named addressee, you are not authorized to read, print, retain, copy 
> or otherwise disseminate this message or any part of it.? If you have 
> received this email in error, please notify the sender immediately by 
> email or other communication and delete all copies of the message.
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>
> ------------------------------
>
> Message: 5
> Date: Tue, 15 Dec 2020 06:30:06 -0800
> From: Roger Moss <ram at rinconres.org <mailto:ram at rinconres.org>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
> Message-ID: <9C5A9CCC-8CA2-46AA-B42B-AA0DF8C95CDB at rinconres.org 
> <mailto:9C5A9CCC-8CA2-46AA-B42B-AA0DF8C95CDB at rinconres.org>>
> Content-Type: text/plain; charset="us-ascii"
>
> It may be easier for seller to take back a long-term 
> agricultural-style lease that provides for variable payments to new 
> owner based on crop yields.
>
> Roger A. Moss
> Mediation Counsel
> Rincon Resolutions LLC
> 206.790.1971 Seattle
> 415.371.9724 San Francisco
> RinconRes.org
>
> Confidential Correspondence
> The information in this e-mail (including attachments, if any) is 
> considered privileged and/or confidential and is intended only for the 
> recipient(s) listed above. Any review, use, disclosure, distribution 
> or copying of this e-mail is prohibited except by or on behalf of the 
> intended recipient. If you have received this email in error, please 
> notify me immediately by reply email, delete this email, and do not 
> disclose its contents to anyone.
>
>
> > On Dec 14, 2020, at 1:49 PM, Inge Fordham <inge at fordhamlegal.com 
> <mailto:inge at fordhamlegal.com>> wrote:
> >
> > Colleagues,
> >?
> > A PC contacted me with an interesting situation.? She has a 
> waterfront house with tideland rights and a contract to sell 
> shellfish.? She wishes to sell the property but retain the tideland 
> rights and the contract.? Is this even possible?? I can think of folks 
> who retain mineral rights but tideland rights may be a whole separate 
> bag of worms.
> >?
> > Thanks in advance!
> >?
> >?
> > <image001.png>
> > Inge A. Fordham | Attorney
> > Fordham Law, PLLC
> > 3218 Sixth Avenue | Tacoma, WA 98406
> > Office: (253) 348-2657 | Mobile: (206) 778-3131
> > www.fordhamlegal.com <http://www.fordhamlegal.com/>
> >?
> > Confidential Communication: This email is sent to a recipient on 
> behalf of an attorney/law firm, and is information intended 
> exclusively for the individual, entity or company to which it is 
> sent.? This communication may contain proprietary, privileged or 
> confidential information or may otherwise be legally exempt from 
> disclosure other than to the intended recipient.? If you are not the 
> named addressee, you are not authorized to read, print, retain, copy 
> or otherwise disseminate this message or any part of it.? If you have 
> received this email in error, please notify the sender immediately by 
> email or other communication and delete all copies of the message.
> > ***Disclaimer: Please note that RPPT listserv participation is not 
> restricted to practicing attorneys and may include non-practicing 
> attorneys, law students, professionals working in related fields, and 
> others.***
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com> 
> <mailto:WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>>
> > http://mailman.fsr.com/mailman/listinfo/wsbarp 
> <http://mailman.fsr.com/mailman/listinfo/wsbarp>
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>
> ------------------------------
>
> Message: 6
> Date: Tue, 15 Dec 2020 06:49:23 -0800
> From: "Rowley, Rob" <rob at rowleylegal.com <mailto:rob at rowleylegal.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Landlord Question
> Message-ID:
> ??? 
> <CAONTfDn68_pzUSad93ha3Kvaz9wHPOHA=aC0GHcf8u9Q8jRkbQ at mail.gmail.com 
> <mailto:aC0GHcf8u9Q8jRkbQ at mail.gmail.com>>
> Content-Type: text/plain; charset="utf-8"
>
> As I tell my landlord clients we lawyers don't like guaranteeing anything
> but there is one thing I will guarantee is that the Governor will extend
> the moratorium sometime into 2021.
>
> Also, I suspect that Pres. Biden (once in office) will also extend the
> CDC moratorium which is scheduled to lapse on December 31 which is 
> only for
> nonpayment of rent.
>
> You also have to look at your local county to see if they are part of the
> Eviction Resolution Program.? Spokane County where I am based out of is a
> part of the ERP and eventually once the moratorium is lifted we have to
> participate in the program.
> http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
>
> Also, the upcoming legislative session has a number of bills which will be
> filed which will essentially make it near impossible to evict a for rent
> (or anything) anytime soon (month to month goes away for a while). Who
> knows what actually will pass as law is a different question.? Two things
> that you never want to see being made is sausage and law.
>
> Summary:
> https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
>
> If I'm a betting man I would say the Legislature will pass some very 
> tenant
> friendly provisions tied to the governor lifting the moratorium.? In other
> words, let the Legislature take the flak from those unpaid landlords.
>
> Interesting times we live in.
>
> Rob Rowley
> Spokane
>
>
>
>
>
>
>
>
>
> On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal 
> <attorney at sangeetasaigal.com <mailto:attorney at sangeetasaigal.com>>
> wrote:
>
> > Hello Landlord Gurus,
> >
> >
> >
> > I understand that there is a moratorium against evictions until 
> December 31
> > st.
> >
> >
> >
> > According to how I understand the proclamation this moratorium 
> applies to
> > tenants who have lost their jobs or source of income related to Covid.
> >
> >
> >
> > Question:
> >
> >
> >
> > If a residential tenant has not lost their source of income ie. On govt
> > assistance and they are not paying the rent does the moratorium 
> against no
> > eviction rule apply to them.
> >
> >
> >
> > How best to approach such tenant who seems to be taking advantage of the
> > moratorium.
> >
> >
> >
> > Any advice would be really appreciated.
> >
> >
> >
> > Sangeeta
> >
> >
> >
> >
> >
> >
> > ***Disclaimer: Please note that RPPT listserv participation is not
> > restricted to practicing attorneys and may include non-practicing
> > attorneys, law students, professionals working in related fields, and
> > others.***
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> > http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
> -- 
> Robert R Rowley
> Attorney & Counselor at Law
> (509) 252-5074? (509) 994-1143
> (509) 928-3084? rowleylegal.com <http://www.rowleylegal.com/>
> rob at rowleylegal.com <mailto:rob at rowleylegal.com>
> Helping You Protect What Matters Most
> <https://www.facebook.com/rowleylegal>
> <https://www.twitter.com/ROBERTRROWLEY>
>
> *Practice concentrated on business, real estate and general legal matters
> in Washington and Idaho. *
>
> NOTICE: The contents of this message and any attachments may be protected
> by the attorney-client privilege, work product doctrine or other 
> applicable
> protections. If you are not the intended recipient or have received this
> message in error, please notify the sender and promptly delete the 
> message.
> Thank you for your assistance. DISCLAIMER: You should recognize that
> responses provided by e-mail means are akin to ordinary telephone or
> face-to-face conversations and do not reflect the level of factual or 
> legal
> inquiry or analysis which would be applied in the case of a formal legal
> opinion. A formal opinion may very well reach a different conclusion.
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>
> ------------------------------
>
> Message: 7
> Date: Tue, 15 Dec 2020 07:51:39 -0800 (PST)
> From: Annie Fitzsimmons <atfitz at comcast.net <mailto:atfitz at comcast.net>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>, Roger
> ??? Moss <ram at rinconres.org <mailto:ram at rinconres.org>>
> Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
> Message-ID: <243823441.144523.1608047500266 at connect.xfinity.com 
> <mailto:243823441.144523.1608047500266 at connect.xfinity.com>>
> Content-Type: text/plain; charset="utf-8"
>
> I handled a transaction like this several years ago where the seller 
> retained the right to proceeds from the crop that was planted and 
> after that, had no ongoing rights in the tidelands or a shellfish lease.
>
> Annette T. Fitzsimmons P.S.
> P.O. Box 430
> Belfair, WA 98528
>
> >? ? On 12/15/2020 6:30 AM Roger Moss <ram at rinconres.org 
> <mailto:ram at rinconres.org>> wrote:
> >? ? ?
> >? ? ?
> >? ? It may be easier for seller to take back a long-term 
> agricultural-style lease that provides for variable payments to new 
> owner based on crop yields.
> >
> >? ? Roger A. Moss
> >? ? Mediation Counsel
> >? ? Rincon Resolutions LLC
> >? ? 206.790.1971 Seattle
> >? ? 415.371.9724 San? Franciscohttp://RinconRes.org
> >
> >
> >? ? Confidential Correspondence
> >? ? The information in this e-mail (including attachments, if any) is 
> considered privileged and/or confidential and is intended only for the 
> recipient(s) listed above. Any review, use, disclosure, distribution 
> or copying of this e-mail is prohibited except by or on behalf of the 
> intended recipient. If you have received this email in error, please 
> notify me immediately by reply email, delete this email, and do not 
> disclose its contents to anyone.
> >
> >
> >? ? ? ? > >? ? ? ? On Dec 14, 2020, at 1:49 PM, Inge Fordham < 
> inge at fordhamlegal.com <mailto:inge at fordhamlegal.com> 
> mailto:inge at fordhamlegal.com <mailto:inge at fordhamlegal.com> > wrote:
> > >? ? ? ? Colleagues,
> > >? ? ? ? ?
> > >? ? ? ? A PC contacted me with an interesting situation.? She has a 
> waterfront house with tideland rights and a contract to sell 
> shellfish.? She wishes to sell the property but retain the tideland 
> rights and the contract.? Is this even possible?? I can think of folks 
> who retain mineral rights but tideland rights may be a whole separate 
> bag of worms.
> > >? ? ? ? ?
> > >? ? ? ? Thanks in advance!
> > >? ? ? ? ?
> > >? ? ? ? ?
> > >? ? ? ? <image001.png>
> > >? ? ? ? Inge A. Fordham | Attorney
> > >? ? ? ? Fordham Law, PLLC
> > >? ? ? ? 3218 Sixth Avenue | Tacoma, WA 98406
> > >? ? ? ? Office: (253) 348-2657 | Mobile: (206) 778-3131
> > >? ? ? ? www.fordhamlegal.com http://www.fordhamlegal.com/
> > >? ? ? ? ?
> > >? ? ? ? Confidential Communication:? This email is sent to a 
> recipient on behalf of an attorney/law firm, and is information 
> intended exclusively for the individual, entity or company to which it 
> is sent.? This communication may contain proprietary, privileged or 
> confidential information or may otherwise be legally exempt from 
> disclosure other than to the intended recipient.? If you are not the 
> named addressee, you are not authorized to read, print, retain, copy 
> or otherwise disseminate this message or any part of it.? If you have 
> received this email in error, please notify the sender immediately by 
> email or other communication and delete all copies of the message.
> > >? ? ? ? ***Disclaimer: Please note that RPPT listserv participation 
> is not restricted to practicing attorneys and may include 
> non-practicing attorneys, law students, professionals working in 
> related fields, and others.***
> > >
> > >? ? ? ? _______________________________________________
> > >? ? ? ? WSBARP mailing list
> > >? ? ? ? WSBARP at lists.wsbarppt.com 
> <mailto:WSBARP at lists.wsbarppt.com> mailto:WSBARP at lists.wsbarppt.com 
> <mailto:WSBARP at lists.wsbarppt.com>
> > >? ? ? ? http://mailman.fsr.com/mailman/listinfo/wsbarp
> > >
> > >? ? >
> >? ? ***Disclaimer: Please note that RPPT listserv participation is 
> not restricted to practicing attorneys and may include non-practicing 
> attorneys, law students, professionals working in related fields, and 
> others.***
> >
> >? ? _______________________________________________
> >? ? WSBARP mailing list
> >? ? WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> >? ? http://mailman.fsr.com/mailman/listinfo/wsbarp
> >
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>
> ------------------------------
>
> Message: 8
> Date: Tue, 15 Dec 2020 17:10:56 +0000
> From: Jeremy <jeremy at basalt.legal <mailto:jeremy at basalt.legal>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Cc: Morgan Lawless <morgan at basalt.legal <mailto:morgan at basalt.legal>>
> Subject: [WSBARP] i/s/o Responsive HI Real Property Attorney
> Message-ID:
> ??? 
> <MWHPR18MB1087031415E7AE1FEE697F7DB2C60 at MWHPR18MB1087.namprd18.prod.outlook.com 
> <mailto:MWHPR18MB1087031415E7AE1FEE697F7DB2C60 at MWHPR18MB1087.namprd18.prod.outlook.com>>
> ???
> Content-Type: text/plain; charset="us-ascii"
>
> Any recommendations for a good Hawaii real estate attorney? Thanks!
>
>
> Very truly yours,
>
> Jeremy Scott Hyndman, Esq.
> Managing Attorney
>
> [Basalt Legal Logo]
>
> 6 1/2 N. 2nd Avenue, Suite 200
> Walla Walla, WA 99362
>
> T: 509.529.0630
> F: 509.525.0630
>
> www.basalt.legal<http://www.basalt.legal/>
>
> The information contained in this message may be privileged and 
> confidential, and is intended to be used only by the recipient or the 
> recipient's authorized agent.? Any unauthorized use or distribution 
> may be prohibited by law.? If you have received this message in error, 
> please notify the sender and immediately delete the message, and any 
> attachments, from your files.
>
>
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>
> ------------------------------
>
> Message: 9
> Date: Tue, 15 Dec 2020 09:50:45 -0800
> From: Roger Moss <ram at rinconres.org <mailto:ram at rinconres.org>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP]? Landlord Question
> Message-ID: <BF14D9C4-5E8E-4CCF-BD5F-5EC8BD4BEC14 at rinconres.org 
> <mailto:BF14D9C4-5E8E-4CCF-BD5F-5EC8BD4BEC14 at rinconres.org>>
> Content-Type: text/plain; charset="utf-8"
>
> > How best to approach such tenant who seems to be taking advantage of 
> the moratorium.
>
> Sangeeta,
>
> Possible answers depend on hearing information not in your question. 
> And for the reasons Rob Rowley laid out this morning, ?approaches? at 
> this time should be elliptical, grounded in sleuthing and soft skills, 
> more than other things.
>
> Consider consulting with a professional neutral experienced in tenant 
> - landlord dispute navigation.
>
> Roger A. Moss
> Mediation Counsel
> Rincon Resolutions LLC
> 206.790.1971 Seattle
> 415.371.9724 San Francisco
> RinconRes.org
>
> Confidential Correspondence
> The information in this e-mail (including attachments, if any) is 
> considered privileged and/or confidential and is intended only for the 
> recipient(s) listed above. Any review, use, disclosure, distribution 
> or copying of this e-mail is prohibited except by or on behalf of the 
> intended recipient. If you have received this email in error, please 
> notify me immediately by reply email, delete this email, and do not 
> disclose its contents to anyone.
>
>
> > On Dec 14, 2020, at 9:22 PM, Sangeeta Saigal 
> <attorney at sangeetasaigal.com <mailto:attorney at sangeetasaigal.com>> wrote:
> >
> > Hello Landlord Gurus,
> >?
> > I understand that there is a moratorium against evictions until 
> December 31st.
> >?
> > According to how I understand the proclamation this moratorium 
> applies to tenants who have lost their jobs or source of income 
> related to Covid.? ?
> >?
> > Question:?
> >?
> > If a residential tenant has not lost their source of income ie. On 
> govt assistance and they are not paying the rent does the moratorium 
> against no eviction rule apply to them.
> >?
> > How best to approach such tenant who seems to be taking advantage of 
> the moratorium.
> >?
> > Any advice would be really appreciated.
> >?
> > Sangeeta
> >?
> >?
> >?
> > ***Disclaimer: Please note that RPPT listserv participation is not 
> restricted to practicing attorneys and may include non-practicing 
> attorneys, law students, professionals working in related fields, and 
> others.***
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com> 
> <mailto:WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>>
> > http://mailman.fsr.com/mailman/listinfo/wsbarp 
> <http://mailman.fsr.com/mailman/listinfo/wsbarp>
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>
> ------------------------------
>
> Message: 10
> Date: Tue, 15 Dec 2020 17:53:34 +0000
> From: Kailei Feeney <kailei at westseattlelaw.com 
> <mailto:kailei at westseattlelaw.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
> Message-ID:
> ??? 
> <MW3PR22MB2266ABE207CA70160FC36595A7C60 at MW3PR22MB2266.namprd22.prod.outlook.com 
> <mailto:MW3PR22MB2266ABE207CA70160FC36595A7C60 at MW3PR22MB2266.namprd22.prod.outlook.com>>
> ???
> Content-Type: text/plain; charset="utf-8"
>
> Agreed ? it will depend on the parcels, a lot in our state have 
> tidelands and adjacent property as separate TPNs. If so, then also 
> ensuring your client has or creates a necessary grant of access prior 
> to sale will likely be important.
>
> Kailei
> Kailei B. Feeney
> Attorney-at-Law
> [cid:image002.jpg at 01D6D2C8.256FBBA0 
> <mailto:image002.jpg at 01D6D2C8.256FBBA0>]
> 3909 California Avenue SW
> Seattle, WA 98116-3705
> (206)938-5500
> kailei at westseattlelaw.com 
> <mailto:kailei at westseattlelaw.com><mailto:kailei at westseattlelaw.com 
> <mailto:kailei at westseattlelaw.com>>
> www.westseattlelaw.com<http://www.westseattlelaw.com/>
> For your planning, our office will be closed December 24, 25 and 31 
> and January 1, 4 and 5.
>
> For the latest information regarding firm operations and precautions 
> in light of the Coronavirus please visit our firm?s website: 
> www.WestSeattleLaw.com<http://www.westseattlelaw.com/>.
> Click here to connect with de Vrieze | Carney on Facebook:? [FB Logo] 
> <https://www.facebook.com/DeVriezeCarney>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally 
> privileged and/or confidential information.? If you have received this 
> e-mail in error, please notify the sender immediately and delete all 
> copies of this e-mail message and any attachment. Unless you have 
> previously signed an engagement agreement with this firm, and the firm 
> has accepted you as a client, NO exchange of information by virtue of 
> emails or communications will create any attorney client relationship, 
> including any duty of confidentiality, between sender and/or recipient.
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of 
> mlstone at rockisland.com <mailto:mlstone at rockisland.com>
> Sent: Tuesday, December 15, 2020 3:52 AM
> To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
>
>
> If the tidelands are a separate tax parcel, and she is the owner of 
> that tax parcel, then she can sell the uplands and retain ownership of 
> the tidelands.
>
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>>> On Behalf Of Inge Fordham
> Sent: Monday, December 14, 2020 5:50 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>>
> Subject: [WSBARP] Selling Property & Retaining Tideland Rights
>
> Colleagues,
>
> A PC contacted me with an interesting situation.? She has a waterfront 
> house with tideland rights and a contract to sell shellfish.? She 
> wishes to sell the property but retain the tideland rights and the 
> contract.? Is this even possible?? I can think of folks who retain 
> mineral rights but tideland rights may be a whole separate bag of worms.
>
> Thanks in advance!
>
>
> [uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
> Inge A. Fordham | Attorney
> Fordham Law, PLLC
> 3218 Sixth Avenue | Tacoma, WA 98406
> Office: (253) 348-2657 | Mobile: (206) 778-3131
> www.fordhamlegal.com<http://www.fordhamlegal.com 
> <http://www.fordhamlegal.com/>>
>
> Confidential Communication: This email is sent to a recipient on 
> behalf of an attorney/law firm, and is information intended 
> exclusively for the individual, entity or company to which it is 
> sent.? This communication may contain proprietary, privileged or 
> confidential information or may otherwise be legally exempt from 
> disclosure other than to the intended recipient.? If you are not the 
> named addressee, you are not authorized to read, print, retain, copy 
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>
> ------------------------------
>
> Message: 11
> Date: Tue, 15 Dec 2020 18:04:18 +0000
> From: Virginia Antipolo-Utt <virginia at aplawfirm.com 
> <mailto:virginia at aplawfirm.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] i/s/o Responsive HI Real Property Attorney
> Message-ID:
> ??? 
> <MWHPR04MB048123FBAE6E366A334287C0CBC60 at MWHPR04MB0481.namprd04.prod.outlook.com 
> <mailto:MWHPR04MB048123FBAE6E366A334287C0CBC60 at MWHPR04MB0481.namprd04.prod.outlook.com>>
> ???
> Content-Type: text/plain; charset="us-ascii"
>
> Robert Triantos in Kailua Kona, HI.
>
> Virginia C. Antipolo-Utt
> Antipolo & Paul Law Firm, P.S.
> 2825 Colby Avenue, Suite 301
> Everett, WA? 98201
> (425) 303-9100, ext. 111
> (425) 258-9685 (fax)
> virginia at aplawfirm.com 
> <mailto:virginia at aplawfirm.com><mailto:virginia at aplawfirm.com 
> <mailto:virginia at aplawfirm.com>>
> _______________________________________
> Under recently issued IRS regulations, we must inform you that any US 
> tax advice contained in this message was not intended or written to be 
> used, and cannot be used, for the purpose of avoiding penalties that 
> may be imposed under federal tax law.? By regulation, a taxpayer 
> cannot rely on professional advice to avoid federal tax penalties 
> unless that advice is reflected in a comprehensive tax opinion that 
> conforms to strict requirements.
> _______________________________________
> CONFIDENTIALITY NOTICE:? This information contained in this email 
> message and attachments may be privileged, confidential and protected 
> from disclosure.? If you are not the intended recipient, any 
> dissemination, disclosure, distribution or copying of the contents of 
> this message is strictly prohibited.? If you think you received this 
> message in error, please delete the message and email the sender at 
> virginia at aplawfirm.com 
> <mailto:virginia at aplawfirm.com><mailto:virginia at aplawfirm.com 
> <mailto:virginia at aplawfirm.com>>.
>
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Jeremy
> Sent: Tuesday, December 15, 2020 9:11 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Cc: Morgan Lawless <morgan at basalt.legal <mailto:morgan at basalt.legal>>
> Subject: [WSBARP] i/s/o Responsive HI Real Property Attorney
>
> Any recommendations for a good Hawaii real estate attorney? Thanks!
>
>
> Very truly yours,
>
> Jeremy Scott Hyndman, Esq.
> Managing Attorney
>
> [Basalt Legal Logo]
>
> 6 1/2 N. 2nd Avenue, Suite 200
> Walla Walla, WA 99362
>
> T: 509.529.0630
> F: 509.525.0630
>
> www.basalt.legal<http://www.basalt.legal/>
>
> The information contained in this message may be privileged and 
> confidential, and is intended to be used only by the recipient or the 
> recipient's authorized agent.? Any unauthorized use or distribution 
> may be prohibited by law.? If you have received this message in error, 
> please notify the sender and immediately delete the message, and any 
> attachments, from your files.
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>
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>
> ------------------------------
>
> Message: 12
> Date: Tue, 15 Dec 2020 18:53:07 +0000
> From: Jennifer L White <jen at appletreelaw.com 
> <mailto:jen at appletreelaw.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Landlord Question
> Message-ID:
> ??? 
> <BYAPR14MB2613920276020C6EBEA55087C0C60 at BYAPR14MB2613.namprd14.prod.outlook.com 
> <mailto:BYAPR14MB2613920276020C6EBEA55087C0C60 at BYAPR14MB2613.namprd14.prod.outlook.com>>
> ???
> Content-Type: text/plain; charset="utf-8"
>
> Rob,
> I?m curious if any of you LL/T gurus and/or real property litigators 
> are considering filing some kind of action or class action on a 
> constitutional takings basis? It seems to me that the government has 
> turned private landlords into unwilling purveyors of public housing. 
> All of these regulations/laws were hastily conceived and handed down 
> by fiat. The result has been a tremendous and concentrated loss to 
> private property owners. Perhaps it has to play out further? Have to 
> wait to quantify the exact loss when the moratoriums end and you work 
> through getting them out under all of these onerous ?drag it out? 
> policies benefiting only tenants? We all know that deadbeat tenants 
> are never going to pay up even a tiny fraction of what they owe. That 
> is but a legal illusion of justice for the property owners.
>
> Jennifer L. White, Esq.
> [cid:image001.jpg at 01D6D2D0.781B64A0 
> <mailto:image001.jpg at 01D6D2D0.781B64A0>]
>
> jen at appletreelaw.com 
> <mailto:jen at appletreelaw.com><mailto:jen at appletreelaw.com 
> <mailto:jen at appletreelaw.com>>
> PO Box 11037
> Yakima, WA 98909
> 509.225.9813
>
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Rowley, Rob
> Sent: Tuesday, December 15, 2020 6:49 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Landlord Question
>
> As I tell my landlord clients we lawyers don't like guaranteeing 
> anything but there is one thing I will guarantee is that the Governor 
> will extend the moratorium sometime into 2021.
>
> Also, I suspect that Pres. Biden (once in office) will also extend the 
> CDC moratorium which is scheduled to lapse on December 31 which is 
> only for nonpayment of rent.
>
> You also have to look at your local county to see if they are part of 
> the Eviction Resolution Program.? Spokane County where I am based out 
> of is a part of the ERP and eventually once the moratorium is lifted 
> we have to participate in the program.
> http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
>
> Also, the upcoming legislative session has a number of bills which 
> will be filed which will essentially make it near impossible to evict 
> a for rent (or anything) anytime soon (month to month goes away for a 
> while). Who knows what actually will pass as law is a different 
> question.? Two things that you never want to see being made is sausage 
> and law.
>
> Summary:
> https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
>
> If I'm a betting man I would say the Legislature will pass some very 
> tenant friendly provisions tied to the governor lifting the 
> moratorium.? In other words, let the Legislature take the flak from 
> those unpaid landlords.
>
> Interesting times we live in.
>
> Rob Rowley
> Spokane
>
>
>
>
>
>
>
>
>
> On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal 
> <attorney at sangeetasaigal.com 
> <mailto:attorney at sangeetasaigal.com><mailto:attorney at sangeetasaigal.com 
> <mailto:attorney at sangeetasaigal.com>>> wrote:
> Hello Landlord Gurus,
>
> I understand that there is a moratorium against evictions until 
> December 31st.
>
> According to how I understand the proclamation this moratorium applies 
> to tenants who have lost their jobs or source of income related to Covid.
>
> Question:
>
> If a residential tenant has not lost their source of income ie. On 
> govt assistance and they are not paying the rent does the moratorium 
> against no eviction rule apply to them.
>
> How best to approach such tenant who seems to be taking advantage of 
> the moratorium.
>
> Any advice would be really appreciated.
>
> Sangeeta
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not 
> restricted to practicing attorneys and may include non-practicing 
> attorneys, law students, professionals working in related fields, and 
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com 
> <mailto:WSBARP at lists.wsbarppt.com><mailto:WSBARP at lists.wsbarppt.com 
> <mailto:WSBARP at lists.wsbarppt.com>>
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
> --
> [https://i.ibb.co/zhtPrmq/photo.jpg]
> Robert R Rowley
> Attorney & Counselor at Law
> [https://i.ibb.co/pQMswXQ/Phone.png] (509) 
> 252-5074<tel:(509)+252-5074>? 
> [https://i.postimg.cc/xTCwQ1Kt/mobile-black-icon.png]? (509) 
> 994-1143<tel:(509)+994-1143>
> [https://i.postimg.cc/8P0qzg4D/fax-black-icon.png] (509) 928-3084? 
> [https://i.postimg.cc/bwS4GVVn/website-black-icon.png]? 
> rowleylegal.com<http://www.rowleylegal.com/>
> [https://i.ibb.co/YN4BQxt/mess.png] rob at rowleylegal.com 
> <mailto:rob at rowleylegal.com><mailto:rob at rowleylegal.com 
> <mailto:rob at rowleylegal.com>>
> Helping You Protect What Matters Most
> [https://i.imgur.com/HdVhIRq.png]<https://www.facebook.com/rowleylegal>? 
> [https://i.imgur.com/6ORQfXY.png] <https://www.twitter.com/ROBERTRROWLEY>
> Practice concentrated on business, real estate and general legal 
> matters in Washington and Idaho.
> NOTICE: The contents of this message and any attachments may be 
> protected by the attorney-client privilege, work product doctrine or 
> other applicable protections. If you are not the intended recipient or 
> have received this message in error, please notify the sender and 
> promptly delete the message. Thank you for your assistance. 
> DISCLAIMER: You should recognize that responses provided by e-mail 
> means are akin to ordinary telephone or face-to-face conversations and 
> do not reflect the level of factual or legal inquiry or analysis which 
> would be applied in the case of a formal legal opinion. A formal 
> opinion may very well reach a different conclusion.
> -------------- next part --------------
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>
> ------------------------------
>
> ***Disclaimer: Please note that RPPT listserv participation is not 
> restricted to practicing attorneys and may include non-practicing 
> attorneys, law students, professionals working in related fields, and 
> others.***
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> End of WSBARP Digest, Vol 75, Issue 13
> **************************************
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>
> ------------------------------
>
> Message: 4
> Date: Tue, 15 Dec 2020 11:14:42 -0800
> From: Rob Rowley <rob at rowleylegal.com <mailto:rob at rowleylegal.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Landlord Question
> Message-ID: <b3a1ff388200c438deef7baf21a906d4 at mail.gmail.com 
> <mailto:b3a1ff388200c438deef7baf21a906d4 at mail.gmail.com>>
> Content-Type: text/plain; charset="utf-8"
>
> As a lowly dirt attorney a little bit beyond my pay grade.
>
>
>
> My observation is that regulatory taking and substantive due process for
> landlords is largely dead in Washington state (unless you are a tenant)
> after the Yim I and Yim II (2019) cases. There was an excellent article
> about those cases in the RPPT newsletter.
>
>
>
> Just wait till rent control (aka ?housing stability?) steamrolls through
> not this session but probably the following legislative session.
>
>
>
> What say wiser counsel?
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>>
> *On Behalf Of *Jennifer L White
> *Sent:* Tuesday, December 15, 2020 10:53 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> *Subject:* Re: [WSBARP] Landlord Question
>
>
>
> Rob,
>
> I?m curious if any of you LL/T gurus and/or real property litigators are
> considering filing some kind of action or class action on a constitutional
> takings basis? It seems to me that the government has turned private
> landlords into unwilling purveyors of public housing. All of these
> regulations/laws were hastily conceived and handed down by fiat. The 
> result
> has been a tremendous and concentrated loss to private property owners.
> Perhaps it has to play out further? Have to wait to quantify the exact 
> loss
> when the moratoriums end and you work through getting them out under 
> all of
> these onerous ?drag it out? policies benefiting only tenants? We all know
> that deadbeat tenants are never going to pay up even a tiny fraction of
> what they owe. That is but a legal illusion of justice for the property
> owners.
>
>
>
> Jennifer L. White, Esq.
>
>
>
> jen at appletreelaw.com <mailto:jen at appletreelaw.com>
>
> PO Box 11037
>
> Yakima, WA 98909
>
> 509.225.9813
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>>
> *On Behalf Of *Rowley, Rob
> *Sent:* Tuesday, December 15, 2020 6:49 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> *Subject:* Re: [WSBARP] Landlord Question
>
>
>
> As I tell my landlord clients we lawyers don't like guaranteeing anything
> but there is one thing I will guarantee is that the Governor will extend
> the moratorium sometime into 2021.
>
>
>
> Also, I suspect that Pres. Biden (once in office) will also extend the
> CDC moratorium which is scheduled to lapse on December 31 which is 
> only for
> nonpayment of rent.
>
>
>
> You also have to look at your local county to see if they are part of the
> Eviction Resolution Program.  Spokane County where I am based out of is a
> part of the ERP and eventually once the moratorium is lifted we have to
> participate in the program.
>
> http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
>
>
>
> Also, the upcoming legislative session has a number of bills which will be
> filed which will essentially make it near impossible to evict a for rent
> (or anything) anytime soon (month to month goes away for a while). Who
> knows what actually will pass as law is a different question.  Two things
> that you never want to see being made is sausage and law.
>
>
>
> Summary:
>
> https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
>
>
>
> If I'm a betting man I would say the Legislature will pass some very 
> tenant
> friendly provisions tied to the governor lifting the moratorium.  In other
> words, let the Legislature take the flak from those unpaid landlords.
>
>
>
> Interesting times we live in.
>
>
>
> Rob Rowley
>
> Spokane
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal 
> <attorney at sangeetasaigal.com <mailto:attorney at sangeetasaigal.com>>
> wrote:
>
> Hello Landlord Gurus,
>
>
>
> I understand that there is a moratorium against evictions until 
> December 31
> st.
>
>
>
> According to how I understand the proclamation this moratorium applies to
> tenants who have lost their jobs or source of income related to Covid.
>
>
>
> Question:
>
>
>
> If a residential tenant has not lost their source of income ie. On govt
> assistance and they are not paying the rent does the moratorium against no
> eviction rule apply to them.
>
>
>
> How best to approach such tenant who seems to be taking advantage of the
> moratorium.
>
>
>
> Any advice would be really appreciated.
>
>
>
> Sangeeta
>
>
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
>
> -- 
>
> *Robert R Rowley*
> Attorney & Counselor at Law
> (509) 252-5074  (509) 994-1143
> (509) 928-3084  rowleylegal.com <http://www.rowleylegal.com/>
> rob at rowleylegal.com <mailto:rob at rowleylegal.com>
> Helping You Protect What Matters Most
> <https://www.facebook.com/rowleylegal>
> <https://www.twitter.com/ROBERTRROWLEY>
>
> *Practice concentrated on business, real estate and general legal matters
> in Washington and Idaho. *
>
> NOTICE: The contents of this message and any attachments may be protected
> by the attorney-client privilege, work product doctrine or other 
> applicable
> protections. If you are not the intended recipient or have received this
> message in error, please notify the sender and promptly delete the 
> message.
> Thank you for your assistance. DISCLAIMER: You should recognize that
> responses provided by e-mail means are akin to ordinary telephone or
> face-to-face conversations and do not reflect the level of factual or 
> legal
> inquiry or analysis which would be applied in the case of a formal legal
> opinion. A formal opinion may very well reach a different conclusion.
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: 
> <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/51a20379/attachment-0001.html>
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>
> ------------------------------
>
> Message: 5
> Date: Tue, 15 Dec 2020 19:34:28 +0000
> From: Craig Gourley <craig at glgmail.com <mailto:craig at glgmail.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Landlord Question
> Message-ID:
>     
> <MW3PR12MB4346B80C6F3D229D309FE98CAEC60 at MW3PR12MB4346.namprd12.prod.outlook.com 
> <mailto:MW3PR12MB4346B80C6F3D229D309FE98CAEC60 at MW3PR12MB4346.namprd12.prod.outlook.com>>
>
> Content-Type: text/plain; charset="utf-8"
>
> There was a case filed that I believe was thrown out.  Judge ruled 
> that the landlord was not denied rent, just delayed in collecting it.  
> Yeah right we will never see it.  I think there is another case right 
> now with Plaintiffs out of Yakima.  Not sure the status of that.  May 
> have been brought in Federal Court.
>
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of K. Garl Long
> Sent: Tuesday, December 15, 2020 11:07 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>; Jennifer L White 
> <jen at appletreelaw.com <mailto:jen at appletreelaw.com>>
> Subject: Re: [WSBARP] Landlord Question
>
>
> Yes, where are the lawyers defending the right to contract? (Or, yea, 
> my law professor said that somehow that disappeared from the 
> constitution.)
> K. Garl Long
> On 12/15/2020 10:53 AM, Jennifer L White wrote:
> Rob,
> I?m curious if any of you LL/T gurus and/or real property litigators 
> are considering filing some kind of action or class action on a 
> constitutional takings basis? It seems to me that the government has 
> turned private landlords into unwilling purveyors of public housing. 
> All of these regulations/laws were hastily conceived and handed down 
> by fiat. The result has been a tremendous and concentrated loss to 
> private property owners. Perhaps it has to play out further? Have to 
> wait to quantify the exact loss when the moratoriums end and you work 
> through getting them out under all of these onerous ?drag it out? 
> policies benefiting only tenants? We all know that deadbeat tenants 
> are never going to pay up even a tiny fraction of what they owe. That 
> is but a legal illusion of justice for the property owners.
>
> Jennifer L. White, Esq.
> [cid:image002.jpg at 01D6D2D6.3E46CCF0 
> <mailto:image002.jpg at 01D6D2D6.3E46CCF0>]
>
> jen at appletreelaw.com 
> <mailto:jen at appletreelaw.com><mailto:jen at appletreelaw.com 
> <mailto:jen at appletreelaw.com>>
> PO Box 11037
> Yakima, WA 98909
> 509.225.9813
>
> From: wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>><mailto:wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Rowley, Rob
> Sent: Tuesday, December 15, 2020 6:49 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>><mailto:wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Landlord Question
>
> As I tell my landlord clients we lawyers don't like guaranteeing 
> anything but there is one thing I will guarantee is that the Governor 
> will extend the moratorium sometime into 2021.
>
> Also, I suspect that Pres. Biden (once in office) will also extend the 
> CDC moratorium which is scheduled to lapse on December 31 which is 
> only for nonpayment of rent.
>
> You also have to look at your local county to see if they are part of 
> the Eviction Resolution Program. Spokane County where I am based out 
> of is a part of the ERP and eventually once the moratorium is lifted 
> we have to participate in the program.
> http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
>
> Also, the upcoming legislative session has a number of bills which 
> will be filed which will essentially make it near impossible to evict 
> a for rent (or anything) anytime soon (month to month goes away for a 
> while). Who knows what actually will pass as law is a different 
> question.  Two things that you never want to see being made is sausage 
> and law.
>
> Summary:
> https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
>
> If I'm a betting man I would say the Legislature will pass some very 
> tenant friendly provisions tied to the governor lifting the 
> moratorium.  In other words, let the Legislature take the flak from 
> those unpaid landlords.
>
> Interesting times we live in.
>
> Rob Rowley
> Spokane
>
>
>
>
>
>
>
>
>
> On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal 
> <attorney at sangeetasaigal.com 
> <mailto:attorney at sangeetasaigal.com><mailto:attorney at sangeetasaigal.com 
> <mailto:attorney at sangeetasaigal.com>>> wrote:
> Hello Landlord Gurus,
>
> I understand that there is a moratorium against evictions until 
> December 31st.
>
> According to how I understand the proclamation this moratorium applies 
> to tenants who have lost their jobs or source of income related to Covid.
>
> Question:
>
> If a residential tenant has not lost their source of income ie. On 
> govt assistance and they are not paying the rent does the moratorium 
> against no eviction rule apply to them.
>
> How best to approach such tenant who seems to be taking advantage of 
> the moratorium.
>
> Any advice would be really appreciated.
>
> Sangeeta
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not 
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>
> --
> [https://i.ibb.co/zhtPrmq/photo.jpg]
> Robert R Rowley
> Attorney & Counselor at Law
> [https://i.ibb.co/pQMswXQ/Phone.png] (509) 
> 252-5074<tel:%28509%29+252-5074>  
> [https://i.postimg.cc/xTCwQ1Kt/mobile-black-icon.png] (509) 
> 994-1143<tel:%28509%29+994-1143>
> [https://i.postimg.cc/8P0qzg4D/fax-black-icon.png] (509) 928-3084  
> [https://i.postimg.cc/bwS4GVVn/website-black-icon.png] 
> rowleylegal.com<http://www.rowleylegal.com/>
> [https://i.ibb.co/YN4BQxt/mess.png] rob at rowleylegal.com 
> <mailto:rob at rowleylegal.com><mailto:rob at rowleylegal.com 
> <mailto:rob at rowleylegal.com>>
> Helping You Protect What Matters Most
> [https://i.imgur.com/HdVhIRq.png]<https://www.facebook.com/rowleylegal> 
> [https://i.imgur.com/6ORQfXY.png] <https://www.twitter.com/ROBERTRROWLEY>
> Practice concentrated on business, real estate and general legal 
> matters in Washington and Idaho.
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> ------------------------------
>
> Message: 6
> Date: Tue, 15 Dec 2020 19:40:20 +0000
> From: Timothy Lehr <timothy at stileslaw.com <mailto:timothy at stileslaw.com>>
> To: "wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>" 
> <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] WSBARP Digest, Vol 75, Issue 13
> Message-ID:
>     
> <DM5PR22MB0074F42E572C2F7493F4DD1CA1C60 at DM5PR22MB0074.namprd22.prod.outlook.com 
> <mailto:DM5PR22MB0074F42E572C2F7493F4DD1CA1C60 at DM5PR22MB0074.namprd22.prod.outlook.com>>
>
> Content-Type: text/plain; charset="us-ascii"
>
> Sangeeta,
>
> I have a number of clients calling me wanting to file evictions on 
> tenants who have not been effected by COVID. From my reading of the 
> moratorium, nothing in the order actually states that the tenant must 
> show that they have been effected by COVID. However, the "WHEREAS's" 
> certainly list COVID as the reasoning behind the moratorium, but I 
> still don't see any requirement that tenant has to prove anything. It 
> reads as a blanket moratorium on evictions.
>
> Say your tenant is up to date on rent, but otherwise in default of 
> their lease agreement. I don't see a way to evict under the order, 
> aside from the exceptions for immediate and significant threats to 
> health, safety or property of others OR LL's intent to sell or occupy.
>
> Needless to say, I have real problems with the language of this order. 
> Hopefully any extensions will actually address a tenant's burden to 
> show they have been effected.
>
> There have been lawsuits filed against the Governor, most recently in 
> Lewis County. The Washington Landlord Association joined as a party. 
> Below is a link to their website which has a PDF of the complaint. I 
> believe there are also complaints filed in King and Pierce Counties. 
> I'm very interested to see how those play out. But, I agree with 
> others that the moratorium will not be lifted anytime soon and there 
> will likely be legislation to further increase tenant rights before 
> the moratorium is lifted. I'm afraid legitimate evictions will be 
> increasingly difficult to pursue from here on out.
>
> https://www.walandlord.org/
>
> My 2 cents.
>
> Timothy C. Lehr
> Attorney at Law
> Stiles Law Inc., P.S.
>
> p:  360.855.0131
> e: timothy at stileslaw.com <mailto:timothy at stileslaw.com>
> w:  www.stileslaw.com
>
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> -----Original Message-----
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> Sent: Tuesday, December 15, 2020 10:53 AM
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