AGO 1949-51 No. 175.

• Case Date: December 08, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 175. December 8, 1949[Orig. Op. Page 1]PRIVATESTATE PARKS AND RECREATION COMMISSION - CONTRACTS.Contracts of the Parks and Recreation Commission are binding upon their successors.State Parks and Recreation Commission Administration Building Olympia, WashingtonCite as: AGO 1949-51 No. 175Attention: Honorable John R. Vanderzicht Gentlemen: We have two letters from you which we think should be considered together. Your letter of November 25, 1949, reads as follows: "We would like to have a written opinion from your office concerning the matter of one Commission binding a subsequent Commission. "As you are well aware, this Department makes Concession agreements with various individuals, and each of these, of course, has a consideration as well as a time limit. "It is the desire of the present Commission to know whether or not a previous Commission's commitments would bind them, as well as whether or not any of their commitments would bind a future Commission." Your letter of November 28, 1949, reads as follows: "The last legislature appropriated to this department an amount totaling $50,000.00 to be used for the acquiring of new state park properties. The chapter is 52, Laws of 1949, and reads, 'New Park [Orig. Op. Page 2] Properties (Statewide purchases and development, $50,000.00).' "I have been asked by Acting Director, John R. Vanderzicht to procure an opinion as to whether or not we may use some of this money as an option or earnest money to hold a piece of property which might even extend in time into the next biennium. In other words, is it lawful to use state appropriations to pay an option, or do we actually have to have receipt of the land before this money can be used." ANALYSIS In answer to your first letter you are advised that contracts which bind the state will continue to bind the state regardless of change of membership of the Commission, or even the abolishment of the Commission entirely. To illustrate, the concessions agreement entered into with reference to Twanoh State Park by a previous Commission continues to bind the state. We have advised you to this effect, and there is now pending a law suit in which the state seeks to cancel the agreement for violation of one of the terms thereof. As another illustration, it might be good business for you to buy...