Washington Constitution Article XVII - Tide Lands
Washington Constitution – Article XVII: Tide Lands – Summary
Article XVII of the Washington State Constitution deals with "Tide Lands," which are lands along the coastline that lie between the high and low tide lines. This article outlines the ownership, control, and sale of such lands.
🔹 Key Provisions of Article XVII:
Section 1 – State Ownership of Tide Lands
The state claims ownership of all the lands lying between the line of ordinary high tide and the line of extreme low tide.
These lands are held in trust for the public, primarily for navigation and public use.
Section 2 – Sale of Tide Lands
The Legislature is authorized to provide for the sale of tide lands.
However, no sale shall be made of the beds of navigable waters.
Sale must be conducted under general laws, and the proceeds go to the permanent school fund unless otherwise provided.
Section 3 – Rights Not Affected
Existing riparian or littoral rights (ownership rights of landowners whose property borders tide lands or waterways) are not to be impaired by Article XVII.
🔹 Purpose and Interpretation
Article XVII is rooted in the Public Trust Doctrine, which holds that certain natural resources (like tide lands and submerged lands) are preserved for public use, especially for activities like navigation, fishing, and recreation.
This article limits private development or sale of these lands without state oversight or public benefit.
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