AGO 1951-53 No. 26.
Case Date | April 26, 1951 |
Court | Washington |
Washington Attorney General Opinions
1951.
AGO 1951-53 No. 26.
April 26,
1951[Orig. Op. Page 1]PRIVATECOLUMBIA BASIN
PROJECT ACT --- IRRIGATION AND RECLAMATION DISTRICTS. PLATTING, SUBDIVISION,
APPRAISEMENT AND SALE OF STATE LANDS.Chapter
275, Laws of 1943, as amended by chapter 200, Laws of 1951 is constitutional
and may be administered in cooperation with Federal officials under the
Columbia Basin Project Act.Honorable Jack TaylorCommissioner of
Public LandsPublic Lands-Social Security
BuildingOlympia, WashingtonCite as:
AGO 1951-53 No. 26Dear Sir:
In your letter of January 15th you referred to the Columbia Basin
Project Act (57 Stat. 14; secs. 835, et sub., Title
16, U.S.C.A.); chapter 275, Laws of Washington for 1943 (sec. 7525-20, et seq.,
Rem. Supp. 1943) and Senate Bill No. 125, which is now chapter 200, Laws of
1951 (secs. 89.03.05-.07-.10-.13, RCW [[RCW 89.12.050, 89.12.070, 89.12.100,
89.12.130]]), and asked a number of questions, which we state and answer as
follows:
ANALYSIS
1. Can an appraisal by the Bureau of Reclamation be considered a
proper appraisal or is it still necessary that the Board of State Land
Commissioners officially fix the appraisals?
While it is still necessary for the Board of State Land
Commissioners to fix appraisals, they may, very properly, recognize and accept
the appraisal of the Bureau of Reclamation as they are directed to do.
2. Is an appraisal fixed by the Bureau of Reclamation under the
antispeculation bill considered to be the full market value of the land or is
it necessary that the state officially fix its own appraisal?
[Orig. Op. Page 2]
The appraisal made by the Bureau of Reclamation will be
considered to be the full market value of the land, when recognized and
accepted.
3. Is the state estopped from selling its land on the ten-year
payment plan by section 3, chapter 200, Laws of Washington, 1951, (sec.
89.12.100, RCW [[RCW 89.12.100]])? by section 3, chapter 200, Laws of
Washington, 1951 (sec. 89.12.100, RCW)?
Yes.
4. Can the sales price be limited to the appraised value under
section 3, chapter 200, Laws of Washington, 1951 (sec. 89.12.100, RCW [[RCW
89.12.100]])?
No.
5. Can the sale of farm units be limited to one farm unit per
person under section 3, chapter 200, Laws of Washington, 1951 (sec. 89.12.100,
RCW [[RCW 89.12.100]])?
Yes.
6. Can applicants be selected, as...
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