H-1845              _______________________________________________

                                                    HOUSE BILL NO. 998

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State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Walk, Grimm, Wang, Madsen, Rasmussen, Gallagher, Ebersole, Pruitt and Meyers

Read first time 2/18/87 and referred to Committee on Ways & Means.

AN ACT Relating to Indian ownership claims to lands conveyed by state tideland deeds; adding a new section to chapter 64.04 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds the state has conveyed by deed tidelands or former tidelands of this state to persons or entities who, together with their successors, in good faith have relied on the integrity of the state and the validity of the title and ownership of such tidelands conveyed by the state.  Indian tribes and members of such tribes have asserted claims that the original title of this state to tidelands or former tidelands is invalid.  Owners of tidelands or former tidelands are unable to bring suit to clear title because sovereign immunity is accorded such claimants.  To support and stabilize the certainty of title to tidelands and former tidelands, to protect the values of such property and the property taxes dependent thereon, and to promote the economy, commerce, and jobs which depend on such property, the legislature hereby declares that a state deed conveying tidelands or former tidelands of this state shall be deemed a warranty deed for purposes of ownership claims by an Indian tribe or members of an Indian tribe, and provides for a direct right of action by the grantee of such deed or the successor in interest of such grantee.

NEW SECTION. Sec. 2.  A new section is added to chapter 64.04 RCW to read as follows:

          Every conveyance of tidelands or former tidelands by deed made by this state prior to the effective date of this section shall, as against any claim of an ownership interest in or to such tidelands or former tidelands derived from the claimant's status as a federally recognized Indian tribe or membership in such tribe, be deemed and held a conveyance in fee simple to the grantee, his or her heirs and assigns, with all covenants of a warranty deed on the part of the state as grantor applicable to the extent of such claim.  Any party aggrieved by such a claim may maintain suit based on such covenants directly against the state.