S-3981.1  _______________________________________________

                 SENATE CONCURRENT RESOLUTION 8426

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Wojahn, Winsley, Rasmussen, Franklin, Oke and Goings

Read first time 01/09/96.  Referred to Committee on Health & Long‑Term Care.

Resolving to retain independent legal counsel to determine the legal status of granted lands in the Fort Steilacoom Military Reservation.

    WHEREAS, By act of Congress in April, 1874, there was donated to the Territory of Washington certain land in the Fort Steilacoom Military Reservation for use as an asylum for the insane; and

    WHEREAS, These lands have become known as the "Granted Lands"; and

    WHEREAS, The portion of the Granted Lands south of Steilacoom Boulevard are now being used as a park, under lease to Pierce County; and

    WHEREAS, Article 16, Section 1 of the Washington State Constitution imposes fiduciary responsibilities on the state to ensure that no sale or other interest in "public lands granted to the state" can be accomplished at less than full market value; and

    WHEREAS, It is not clear that full market value is being realized for the lease of the Granted Lands; and

    WHEREAS, The Attorney General of Washington in Opinion 1992 No. 3 stated that the Granted Lands are not trust lands subject to the constitutional provision; and

    WHEREAS, By letter dated December 23, 1994, the Attorney General declined to reconsider the Opinion 1992 No. 3; and

    WHEREAS, Determination of the legal status of the Granted Lands is essential to the enforcement of the fiduciary duty of the state to obtain full value for the lands in order to provide proper support to the state mental health program, including institutional and community components; and

    WHEREAS, RCW 43.10.045 permits the House of Representatives and the Senate to retain their own counsel for a particular proceeding; and

    WHEREAS, The legislature intends to bring an action for a declaratory judgment regarding the trust land status of the Granted Lands, utilizing counsel other than the Attorney General;

    NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representative concurring, That the legislature authorizes an action to determine the legal status of the Granted Lands; and

    BE IT FURTHER RESOLVED, That the Senate and the House of Representatives shall notify the Attorney General of their intent to retain independent counsel for this purpose; and

    BE IT FURTHER RESOLVED, That the Senate Facilities and Operations Committee and the House Executive Rules Committee are authorized to accomplish the purposes of this resolution on behalf of the legislature.

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