Washington

Overview

Washington was admitted to the Union on November 11, 1889 under the same Omnibus Enabling Act that admitted Montana, North Dakota, and South Dakota. The state received sections 16 and 36 of each township plus additional grants for specified institutions, totaling roughly 3 million acres of state trust lands today [CITE PENDING for current acreage and corpus]. The Washington Department of Natural Resources (DNR), under the direction of the Commissioner of Public Lands and the Board of Natural Resources, administers the trust. Revenue derives heavily from timber sales on the productive forestlands of western and northeastern Washington and flows to the common school construction fund and to specified institutional beneficiaries.

Enabling Act

The Omnibus Enabling Act of February 22, 1889 (25 Stat. 676) admitted Washington on the condition that sections 16 and 36 of every township be granted to the state in trust for common schools. The Act also made additional grants for the state university, normal schools, agricultural colleges, scientific schools, public buildings, and charitable and penal institutions, each held as a distinct trust for its named beneficiary.

Key cases

• County of Skamania v. State of Washington, 102 Wn.2d 127, 685 P.2d 576 (1984) — The Washington Supreme Court invalidated state legislation that released private timber purchasers from contracts on trust lands. The court held: “Every court that has considered the issue has concluded that these are real, enforceable trusts that impose upon the state the same fiduciary duties applicable to private trustees.” Further: “When the State transfers trust assets such as contract rights it must seek full value for the assets, and it may not sacrifice this goal to pursue other objectives, no matter how laudable those objectives may be.” The conclusion: “the primary purpose and effect of this legislation was to benefit the timber industry and the state economy in general, at the expense of the trust beneficiaries. This divided loyalty constitutes a breach of trust.”

Notable Attorney General opinions

AG opinions for this state are being sourced in Phase 4 from state Attorney General offices and CourtListener.

Trust Integrity grade and rationale

Breached-and-recovered as to the Skamania facts; under-review as to current administrative posture. Skamania is among the most-cited school trust decisions in the country — its rejection of “divided loyalty” between trust beneficiaries and the state economy at large operates as a constitutional brake on Washington trust administration. Washington’s subsequent track record on timber harvest levels, marbled murrelet habitat litigation, and sustained-yield calibration has generated continuing scrutiny from beneficiary counties; the Library is presently surveying that record.

Current advocacy

Counties whose junior-taxing-district revenues depend on trust timber harvest have been the most consistent organized voice for Washington school trust performance over recent decades; specific organizations currently active [CITE PENDING]. If you advocate for school trust lands in Washington, the Library welcomes contact through the pending Library contact form.