§228. Nothing in any of the provisions of this act* shall have the effect, or be construed to have the effect, to alter or modify in any particular any existing lease of any lands or property owned by the state or any contract to purchase from the state any of its land or property, or any agreement under which any possessory or contractual interest in any lands of the state may be owned or held by any person, firm, association, private corporation or municipal corporation, or to waive, release or discharge any covenant, stipulation or obligation of any such lease, contract or agreement, and whether the lands involved be tide lands or other lands. (Laws '05, p. 269, §7; P. C., 3818a.) $229. Improvement Districts in Cities of First Class. 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. (Laws '07, p. 123, §1.) §230. State to Satisfy Lien-Rights of Purchaser. 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 * $$222-228. to the state of the amount of balance which his predecessor in interest was obligated to pay. (Laws '07, p. 123, §2.) §231. Payment by State. 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 may apply to the proper state officers to have such lands sold in the manner provided by law, and if the said lands have not been appraised, the State Land Commissioner shall, upon said application being made, cause the same to be appraised, and the assessment for such improvement shall be added to the appraised valuation of all such tracts owned by the state, and such Land Commissioner shall cause the sale of such lands to be made in the manner provided by law, but no sale shall be made for less than the appraised value, plus the assessment, against the tract to be sold. When such lands are sold, the proper state officers are authorized to pay to the party entitled to receive the same, the amount or amounts of said assessments for local improvements. (Laws '07, p. 124, §3.) $232. Assessment for Dikes and Drains. All state, school, granted or other lands shall be included within the provisions of this act,* and whenever any such land will be benefited by such improvement they shall be included in the apportionment of the costs of the improvement. When an assessment has heretofore been made or is hereafter made against any such land for such improvement it shall be assessed according to the subdivision thereof and such land thereby placed upon the tax rolls the same as other lands. (Laws '01, p. 112, $25; amended Laws '05, p. 242, §1; amended Laws '07, p. 171, §1; P. C., $2624b. $233. List Certified to Land Commissioner. The several county treasurers of this state shall, in each year, within thirty days after the tax rolls have been received and filed by them, make up and certify to the Commissioner of Public Lands a list of all State, school and granted lands upon said rolls against which special assessments have been levied under the laws of this state for the construction or maintenance of any diking system or any drainage system constructed and maintained under the laws of this state. Said certificate shall contain (1) a description of the state, school or granted lands by legal subdivisions, (2) the amount of the assessment against each legal subdivision separately stated. (Laws '07, p. 125, §1.) $234. Commissioner to Certify List to State Auditor. As soon as the said assessments shall become due and payable the Commissioner of Public Lands shall certify to the State Auditor a list of all lands certified to him by the county treasurer, which have not been sold by the state, and his certificate shall contain the same facts as to the land certified by him that the certificate of the county treasurer shall contain as provided for in section one of this act. (Laws '07, p. 125, §2.) $235. Assessment Added to Appraised Value. Upon issuing his certificate to the State Auditor as provided for in section two of this act,* the Commissioner of Public Lands shall make a minute upon his records showing the amount paid and charge it to the tract of land against which it was assessed. The valuation of the tract of land benefited by the diking or drainage improvement shall not be raised by or on account thereof, but when any of said land is offered for sale there shall be added to the appraised value of such lands as provided for by law the amount of such payments made by the state out of the general fund, which amount so added shall be paid by the purchaser in cash at the time of the sale of said land, and such additional sum shall be turned over to the State Treasurer and placed to the general fund. (Laws '07, p. 125, §3.) $236. State Auditor to Pay Assessment. Upon receipt of the certificate of the Commissioner of Public Lands herein provided for the State Auditor shall draw his war * §§233-237. rants in favor of the several county treasurers upon the general fund for the payment of such assessments; and when he transmits his warrants he shall certify to the several county treasurers a description of the lands upon which he pays the assessment, the amount paid on each legal subdivision of land. (Laws '07, p. 126, §4.) $237. State Auditor's Estmate. It shall be the duty of the State Auditor to include in his estimate of the amount of money necessary to be appropriated for the purposes of this act a statement of the amount necessary to pay the assessments certified to him. (Laws '07, p. 126, §5.) Section 7 of the act of 1907 makes an appropriation of $5,000 for the payment of assessments. ARID LANDS AND IRRIGATION. RECLAMATION OF STATE GRANTED AND SCHOOL Waters of state for irrigation, etc., a public use: Art. 21, §1, Const., ante. $238. State Lands to Be Reclaimed. That the Commissioner of Public Lands of the State of Washington, be and is hereby authorized and empowered to receive and file proposals, and to enter into contract as herein provided, for the construction of irrigation works to reclaim any and all of the lands granted to the State of Washington for any and all purposes and uses. (Laws '05, p. 113, §1.) FORMER LAWS: thereto. Laws '03, p. 309, §21; post 281, and note under former laws NOTE. This and the next succeeding fourteen sections are Chapter 61, Laws 1905. This act is similar to act relating to acceptance and reclamation under Carey act: Post $261 to $284. $239. Proposals for Reclamation. Any person, company or association of persons or incorporated company doing business in the State of Washington desir * §§233-237. ing to construct ditches, canals or other irrigation works for the reclamation of said lands, shall file with the Commissioner of Public Lands, proposal to construct the ditches, canals or other irrigation works necessary to the complete reclamation of said lands. The proposal shall be prepared in accordance with the rules adopted by the Commissioner of Public Lands. It shall state the source of water supply, the location and dimension of the proposed works, the location and character of the land proposed to be irrigated, the price per acre at which perpetual water right will be sold to settlers on the land to be irrigated, and shall be accompanied by maps, plans and specifications of the proposed works and land to be irrigated, which shall be considered a part of the proposal. In the case of incorporated companies it shall state the name of the company, the purpose of its incorporation, the names and places of residence of its trustees and officers, the amount of its authorized and of its paid up capital. If the applicant is not an incorporated company, the proposal shall set forth the name or names of the party or parties and such other facts as will enable the Commissioner of Public Lands to determine his or their financial ability to carry out the proposed undertaking. (Laws '05, p. 113, §2.) FORMER LAWS: See note to $238. $240. Good Faith. A certified check for a sum not less than two hundred and fifty dollars ($250.00) nor more than two thousand five hundred dollars ($2,500.00), as may be determined by the Commissioner of Public Lands, shall accompany each such proposal, the same to be held as guarantee of the execution of the contract with the state, in accordance with its terms by the party submitting such proposal. In case of the approval of the same and the acceptance of the proposal by the Commissioner of Public Lands, and to be forfeited to the state in case of the failure of said party to enter into a contract with the state in accordance with the provisions of this act.* (Laws '05, p. 114, §3.) FORMER LAWS: See note to $238. See post, 88248, 249. $238 to $252. |