[WSBARP] Liberty Lake (Spokane Co) - OHW - Second Class Shorelands? RCW 79.125.500 & .510

Fri Feb 5 10:10:05 PST 2021

Any one aware of any litigation (I can’t find any reported) involving
Liberty Lake (Spokane County) and second class shorelands?

Just trying to get up to speed on second class shorelands (something I’ve
never been before though vaguely remember from my water law class, eg, “if
it’s wet its federal”).

Looking at interplay between public access and private ownership.

Read *Caminiti v Boyle* and its progeny.

Thanks.

RCW 79.125.500 <http://app.leg.wa.gov/RCW/default.aspx?cite=79.125.500>Second-class
shorelands—Boundary of shorelands when water lowered—Certain shorelands
granted to city of Seattle.

In every case where the state of Washington had prior to June 13, 1913,
sold to any purchaser from the state any second-class shorelands bordering
upon navigable waters of this state by description where the water boundary
of the purchased shorelands is not defined, the water boundary shall be the
line of ordinary navigation in the water; and whenever the waters have been
or shall be lowered by any action done or authorized either by the state of
Washington or the United States, the water boundary shall be the line of
ordinary navigation as the water boundary shall be found in the waters
after the lowering, and there is granted and confirmed to every purchaser,
the purchaser's heirs and assigns, all the lands. However, this section and
RCW *79.125.510* <http://app.leg.wa.gov/RCW/default.aspx?cite=79.125.510> shall
not apply to the portions of the second-class shorelands which shall, as
provided by RCW *79.125.510*
<http://app.leg.wa.gov/RCW/default.aspx?cite=79.125.510>, be selected by
the department for harbor areas, slips, docks, wharves, warehouses,
streets, avenues, parkways and boulevards, alleys, or other public
purposes. Further, all shorelands and the bed of Lake Washington from the
southerly margin of the plat of Lake Washington shorelands southerly along
the westerly shore of the lake to a line three hundred feet south of and
parallel with the east and west center line of section 35, township 24
north, range 4 east, W.M., are reserved for public uses and are granted and
donated to the city of Seattle for public park, parkway, and boulevard
purposes, and as a part of its public park, parkway, and boulevard system
and any diversion or attempted diversion of the lands so donated from such
purposes shall cause the title to the lands to revert to the state.

[ *2005 c 155 § 521*
<http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/1491-S.SL.pdf?cite=2005%20c%20155%20%C2%A7%20521>
; *1982 1st ex.s. c 21 § 107*
<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1982ex1c21.pdf?cite=1982%201st%20ex.s.%20c%2021%20%C2%A7%20107>.
Formerly RCW *79.94.220*
<http://app.leg.wa.gov/RCW/default.aspx?cite=79.94.220>.]

RCW 79.125.510 <http://app.leg.wa.gov/RCW/default.aspx?cite=79.125.510>Second-class
shorelands—Survey/platting—Selection for slips, docks, wharves, etc.—Filing
of plat.

It is the duty of the department to survey the second-class shorelands and
in platting the survey to designate for public use all of the shorelands as
in the opinion of the department is available, convenient, or necessary to
be selected for the use of the public as harbor areas, sites for slips,
docks, wharves, warehouses, streets, avenues, parkways and boulevards,
alleys, and other public purposes.

Upon the filing of the plat in the department's Olympia office, the title
to all harbor areas so selected shall remain in the state, the title to all
selections for streets, avenues, and alleys shall vest in any city or town
within the corporate limits of which they are situated, otherwise in the
county in which they are situated, the title to and control of any lands so
selected and designated upon the plat for parkways and boulevard purposes
shall, if the lands lie outside of the corporate limits of any city or town
and if the lands form a part of the general parkway and boulevard system of
a first-class city lie in the city, and the title to all selections for
slips, docks, wharves, warehouses, and other public purposes shall vest in
the port district if they are situated in a port district, otherwise in the
county in which they are situated.

[ *2005 c 155 § 522*
<http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/1491-S.SL.pdf?cite=2005%20c%20155%20%C2%A7%20522>
; *1982 1st ex.s. c 21 § 108*
<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1982ex1c21.pdf?cite=1982%201st%20ex.s.%20c%2021%20%C2%A7%20108>.
Formerly RCW *79.94.230*
<http://app.leg.wa.gov/RCW/default.aspx?cite=79.94.230>

*Robert R Rowley*
Attorney & Counselor at Law
 (509) 252-5074   (509) 994-1143
 (509) 928-3084 <fax:(509)%20928-3084>   rowleylegal.com
<http://www.rowleylegal.com/>
 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. *

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