INTERPRETATION OF CHAP. 238, SEC. 35 (c), SESSION LAWS OF 1949 (REM. REV. STAT. SUP. 5992-45 (c)). (GAME)

INTERPRETATION OF CHAP. 238, SEC. 35 (c), SESSION LAWS OF 1949 (REM. REV. STAT. SUP. 5992-45 (c)).  (GAME)

The State Game Commission is not authorized to pay any damage claims caused by beaver, deer or elk unless such claims or notices of damage have been filed with the State Game Commission at its office in Seattle, Washington within thirty days after the damage shall have occurred.

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                                                                November 7, 1952 

Honorable John A. Biggs
Director of Game
Department of Game
509 Fairview North
Seattle 9, Washington                                                                                                              Cite as:  AGO 51-53 No. 422

 Dear Mr. Biggs:

            In your recent letter a request was made for an opinion from this office interpreting section 35 (c), chapter 238, Session Laws of 1949 (Rem. Rev. Stat. Supp. § 5992-45 (c)) with reference to damage claims to land owners of leaseholders arising from depredations caused by game.

             You specifically inquired whether the claimant is eligible for payment under the law when the damage claim or notice of damage has not been filed within thirty days after the claimed damage would have occurred.

                                                                      ANALYSIS

             Section 35 (c), chapter 238, Session Laws of 1949 (Rem. Rev. Stat. Supp. § 5592-45 (c)), provides as follows:

             "Notice of all claims for damages caused by beaver, deer or elk shall be filed with the State Game Commission in the offices of the Department of Game, Seattle, King County, Washington, within thirty (30) days after the claimed damage shall have occurred.  In the event the damages are unascertainable within such thirty (30)-day period, the  [[Orig. Op. Page 2]] notice shall so state.  The failure to file notice of any claim or pending claim shall bar payment thereof.  No payment shall be made to any claimant for damages occurring on lands leased by claimant from any public agency."

             The provisions in the foregoing section are clearly mandatory on the State Game Commission and upon the claimant, in that the failure to file notice of any claim or pending claim as therein provided shall bar payment thereof.

             It is evident from your letter that many hardship cases arise where the damage to the land owner may not be discovered until after thirty days from the date on which the damage occurred.  These claimants are, however, not without redress and until such time as the legislature sees fit to change the law to include these cases, the claimants may refer their claims to the state legislature for individual legislative attention.

 Very truly yours,
SMITH TROY
Attorney General

JOHN A. BURNS
Special Assistant
Attorney General