STATE TIMBER ‑- RIGHT OF WAY FOR REMOVAL

STATE TIMBER ‑- RIGHT OF WAY FOR REMOVAL.

There is an obligation on the part of the state to furnish right of way under chapter 239, Laws of 1945, sections 5823-30 to 5823-33 (Rem. Supp. 1945), where it would be for the best interests of the State of Washington to do so.

If the state does not furnish the right of way, the successful purchaser may acquire a private way, of necessity.

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                                                                   June 12, 1951

Honorable Mitchell Doumit
Prosecuting Attorney
Wahkiakum County
Cathlamet, Washington                                                                                                    Cite as:  AGO 51-53 No. 67

Dear Sir:

            In your letter of May 15th you asked the following questions:

            1. Is there any obligation on the part of the state to furnish right of way in connection with its sale of state timber to private purchasers?

            2. If not, is there any procedure by which the successful purchaser can assure himself of a right of way for removing such timber?

            You are advised:

            1. There is an obligation on the part of the state to furnish right of way under chapter 239, Laws of 1945 (secs. 5823-30 to 5823-33, Rem. Supp. 1945), where it would be for the best interests of the State of Washington to do so.

            2. If the state does not furnish the right of way, the successful purchaser may acquire a private way of necessity.

                                                                     ANALYSIS

             [[Orig. Op. Page 2]]                                                                             

            It is the duty of the state officials to obtain full value for state timber, and if the location of any timber is such as to require the furnishing of right of way for the removal of the timber in order to obtain full value for the timber, it follows that the procedure set forth by the legislature in chapter 239,supra, should be availed of.

            Should, however, the state not furnish the right of way for the removal of the timber, the successful purchaser would be relegated to the establishment of a private way of necessity, chapter 133, Laws of 1913, (secs. 936-1 to 936-3, inclusive, Rem. Stat. Supp.).

Very truly yours,

SMITH TROY
Attorney General

E. P. DONNELLY
Assistant Attorney General