Coast Land Co. v. City of Seattle

• Decision Date: 01 April 1909
• Citation: 52 Wash. 380,100 P. 856
• Parties: COAST LAND CO. v. CITY OF SEATTLE et al.
• Court: Washington Supreme Court

100 P. 856

52 Wash. 380

COAST LAND CO. v. CITY OF SEATTLE et al.

Supreme Court of Washington

April 1, 1909

Appeal from Superior Court, King County; W. T. Warren, Judge.

Action for injunction by the Coast Land Company, a corporation against the City of Seattle and George F. Russell, City Treasurer. From a judgment for defendants, plaintiff appeals. Reversed.

Geo McKay, for appellant.

Scott Calhoun and Howard A. Hanson, for respondents.

FULLERTON J.

On November 1, 1900, the state of Washington, being then the owner of lots 2 and 3 in block 240 of the official plats of the Seattle tide land, leased the same to one Wm. P. Trimble for a term of 29 years, at a rental of $8 per year. Mr Trimble continued to hold the lease until September 16, 1907 when he assigned the same, with the written permission of the state, to the appellant in this action. Subsequent to the execution of the lease, the Legislature passed an act authorizing the assessment of lands owned by the state and leasehold, and other contractual and possessory interests in such lands, by cities of the first class for local improvements which specially benefit such lands and interests. The method of collecting the assessment made against the leasehold contractual or possessory interests is not made clear by the act, but presumably it was intended to permit the sale of such interests for nonpayment of the assessment as property owned in fee is sold when the assessment is not paid. As to the assessment against lands owned by the state, it was provided that the amount thereof assessed against each particular lot should be certified to the commissioner of public lands, who should charge the same against such lot and certify the amount to the State Auditor, who in turn should certify to the Legislature the amount of such local assessments charged against such land of the state, and the Legislature should provide for the payment of the same, with interest, by appropriation out of the general fund of the state. Laws 1905, p. 267, c. 144. The Legislature of 1907, passed the following act:

'Section 1. Any city of the first class in the state of Washington is hereby authorized and empowered to include within any local improvement district formed by it the whole or any part of any land in school sections or tide lands, title of which remains in the state of Washington; and said city is authorized and empowered to assess the cost of any local improvement against any such tide or school land in the same manner as if the same were private property: Provided, however, that the interest of the state in such property shall not be sold to satisfy the lien of such assessment, but only such interest, or contract or other right therein as may be in private ownership shall be subject to such sale.

'Sec. 2. Whenever any such tide or school land situated within the city limits of any city of the first class has been included within any local improvement district by such city, and the contract, leasehold or other interest of any individual therein has been purchased to satisfy the lien of such assessment for local improvement, the purchaser of such interest at such sale shall be entitled to receive from the state of Washington, on demand, a conveyance of the property purchased by him upon the payment to the state of the amount of balance which his predecessor in interest was obligated to pay.

'Sec. 3. Where the state has made no lease or contract, or has granted no right with reference to any such lands or any part thereof, against which an assessment has been made for local improvements, the state shall at the next session of the Legislature after such improvement is made, if it still owns the land, appropriate sufficient money to pay for such improvements, or the person entitled to such money

...