Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1981 NO. 14 >

The entitlement granted to purchasers of state‑owned tidelands for oyster growing by § 9, chapter 24, Laws of 1895 (Bush Act) to purchase substitute tidelands at a later date if the original tidelands became ". . . unfit and valueless for the purposes of oyster planting, . . ." was effectively preserved by § 1, chapter 47, Laws of 1935, notwithstanding the general repeal of chapter 24, Laws of 1895 by that latter enactment; however, the later enacted "Gissberg Amendment," chapter 217, Laws of 1971 (RCW 79.01.470), prohibits the state from selling either (a) state‑owned reversionary rights in tidelands previously sold under the Bush and Callow Acts (chapters 24 and 25, Laws of 1895) or (b) other state‑owned tidelands to persons seeking to exercise their right or privilege of substitution under § 9, chapter 24, Laws of 1895, supra.