6777-S AMS HONE JONS 047 

SSB 6777 - S AMD 126

   By    Senator Honeyford

NOT ADOPTED 2/18/2008

   Strike everything after the enacting clause and insert the following:

   "NEW SECTION. Sec. 1. (1) The legislature finds that there

exists potential disagreement over the ownership of certain

minerals located on land formerly owned by the state of Washington

located on Maury Island in section 29, township 22N, range 03E, and

conveyed by the state in deeds dated in 1910 and 1923. Although

the fee simple ownership of these lands were clearly transferred

into private hands, the conveyance instruments contained a mineral

reservation whereby the ownership of the minerals located on the

land remained in state ownership to be managed for the benefit of

the state land trust beneficiaries. Although the conveyance

instruments reserve to the state the ownership of all minerals of

every kind, name, or description located in or upon the land, and

although both the grantor and grantee have historically operated as

though no there is no disagreement over the ownership status of the

same, gravel, and rock, there has been no formal determination by

the judicial system of the title to the sand, gravel, and rock

resources located on these lands and whether sand, gravel, and rock

resources are included in this mineral reservation.

   (2) It is the intent of this act to fulfill the state's

fiduciary duty to the state land trust beneficiaries by determining

any interest it may have in the mineral resources on these lands.

   (3)The department of natural resources shall initiate a

judicial proceeding to determine the proper ownership of sand,

gravel, and rock resources located on land formerly owned by the

state of Washington and transferred into private ownership. This

section applies to those parcels of land located on Maury Island

within section 29, township 22N, range 03E and originally conveyed

from state ownership by deeds recorded on or about February 18,

1910, and January 26, 1923.

   (4) Until and unless a formal and final judicial opinion finds

otherwise, the department of natural resources shall continue to

operate, manage land, and enter into leases consistent with its

historic interpretation of the land transfers in question.

   (5) This section expires January 1, 2011."

   Correct the title.

--- END ---

EFFECT: Removes the prohibition on leasing aquatic lands in

the Maury Island Aquatic Reserve, requires the Department of

Natural Resources to initiate a judicial determination as to

the ownership of the sand and gravel resources on certain Maury

Island parcels, instructs the Department of Natural Resources

to not change their historic land management policies while

awaiting a judicial determination, and adds language suggesting

that the disagreement over mineral ownership is potential and

not necessarily shared by the grantor and the grantee.