State Court Rules Against Land Grabs in Ballard
The Washington Supreme Court finds that the Land Commissioner acted unlawfully when canceling private leases to clear way for the Lake Washington canal.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
Olympia, Dec. 14 — Condemnation proceedings will be necessary to obtain title for the United States government for tide lands in Ballard harbor covered by the right-of-way of the Lake Washington canal, according to an opinion handed down by the supreme court. Land on which contracts to purchase, or leases, had been issued were wrongfully canceled by Land Commissioner Bridges at the time the state relinquished to the government tide lands needed for the right-of-way of the Lake Washington canal. The decision is handed down in the mandamus proceeding brought by C. B. Bussed to compel the state land commissioner to recognize his lease of some tide lands which were partly in the canal right-of-way. On December 1, 1900, Land Commissioner Robert Bridges gave a thirty-year lease of the land in question to G. A. Wilson, who on December 3, 1900, assigned his right to Mr. Bussed. On April 26, 1902, however, Gov. Rogers and Secretary of State Jenkins deeded the portion covered by the canal right-of-way to the government, and in May following the land commissioner canceled the lease. The supreme court holds that the land commissioner had no authority to cancel the lease, and for the further reason that 'private property cannot be taken in this state, even for public purposes, without just compensation having first been made or paid into the court for the owner.'
“Private property cannot be taken in this state, even for public purposes, without just compensation having first been made.”
This 1903 ruling underscores the enduring tension between state development and private property rights in Washington. The battle over Ballard’s tide lands for the construction of the Lake Washington Ship Canal remains a key chapter in the privatization of Seattle’s waterfront, which continues to shape local debates about public access and land value today.
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