The State Stakes Its Claim on the Shoreline
Washington Territory’s new constitution asserts public control over tide lands and navigable waters, setting a precedent for state ownership of the coast.
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.
The state of Washington asserts its ownership to the beds and shores of all navigable waters in the state up to and including the line of ordinary high tide in waters where the tide ebbs and flows, and up to and including the line of ordinary high water within the banks of all navigable rivers and lakes: Provided That this section shall not be construed so as to debar any person from asserting his claim to vested rights in the courts of the state. The state of Washington disclaims all title in and claim to all tide, swamp and over-flowed lands, patented by the United States: Provided The same is not impeached for fraud.
“The state of Washington asserts its ownership to the beds and shores of all navigable waters in the state.”
This 1889 constitutional article remains the bedrock of Washington's 'Public Trust Doctrine.' Today, it continues to spark litigation over who owns the 'intertidal' beach when private property meets the rising Puget Sound.
From readers
No comments yet. If you know something about this story — a correction, a family memory, a source — it belongs here.