Port of Seattle v. Oregon & Washington Railroad
Headline: Waterfront control upheld: Court limited a railroad’s claimed right to build piers in the East Waterway and allowed the State to regulate and permit use of the strip, affecting abutting landowners' access.
Holding: The Court held that the railroad acquired no private riparian right to build wharves or piers on the adjoining 125‑foot water strip, and that the State may control, permit, and charge rental for use under its 1913 law.
- Allows the State to require permits and charge rent for wharves on the water strip.
- Prevents abutting owners from claiming automatic private docking rights.
- Gives port officials authority to regulate use of the shallow adjacent water area.
Summary
Background
A railroad company owned filled tide land next to the East Waterway in the Port of Seattle, and a municipal port authority sued to stop the railroad and its lessee from building wharves and piers in the adjoining water area. The railroad’s deeds did not mention any right in the water. A federal plat showed a pierhead line originally 250 feet from the bulkhead, later changed so the fairway was 750 feet wide and the side strips were 125 feet. A 1913 Washington law required state permission, approved plans, and payment of rental for use of such strips; the railroad did not apply for a permit and nevertheless authorized construction, prompting the suit to quiet title.
Reasoning
The key question was whether the railroad acquired a private right to build in the 125‑foot water strip. The Court explained that under Washington law the State owns tide lands and generally does not grant riparian or littoral rights to grantees unless clearly stated. The Court found no language in the deeds or reliable implication that the State intended to give the railroad a private right to wharf out. Federal pierhead lines shown on the plat did not give the railroad rights against the State. The Court therefore rejected the railroad’s claim to a private building right and upheld the State’s power to control and condition use under its statutes.
Real world impact
The ruling means the State (through its officials or port commissioners) can regulate, permit, and charge for use of the shallow strip next to filled lands, and abutting owners do not automatically get private docking rights. The Supreme Court reversed the lower court and sent the case back for further proceedings consistent with this opinion.
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