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RCW 36.34.010 Authority to sell—lay sell timber, minerals
<br />separately—Mineral reservation. Whenever it appears to the board of
<br />county commissioners that it is for the best interests of the county
<br />and the taxing districts and the people thereof that any part or
<br />parcel, or portion of such part or parcel, of property, whether real,
<br />personal, or mixed, belonging to the county, including tax title land,
<br />should be sold, the board shall sell and convey such property, under
<br />the limitations and restrictions and in the manner hereinafter
<br />provided.
<br />In making such sales the board of county commissioners may sell
<br />any timber, mineral, or other resources on any land owned by the
<br />county separate and apart from the land in the same manner and upon
<br />the same terms and conditions as provided in this chapter for the sale
<br />of real property.
<br />The board of county commissioners may reserve mineral rights in
<br />such land and, if such reservation is made, any conveyance of the land
<br />shall contain the following reservation:
<br />"The party of the first part hereby expressly saves, excepts, and
<br />reserves out of the grant hereby made, unto itself, its successors,
<br />and assigns, forever, all oils, gases, coals, ores, minerals, gravel,
<br />timber, and fossils of every name, kind, or description, and which may
<br />be in or upon said lands above described; or any part thereof, and the
<br />right to explore the same for such oils, gases, coals, ores, minerals,
<br />gravel, timber and fossils; and it also hereby expressly saves and
<br />reserves out of the grant hereby made, unto itself, its successors,
<br />and assigns, forever, the right to enter by itself, its agents,
<br />attorneys, and servants upon said lands, or any part or parts thereof,
<br />at any and all times, for the purpose of opening, developing, and
<br />working mines thereon, and taking out and removing therefrom all such
<br />oils, gases, coal, ores, minerals, gravel, timber, and fossils, and to
<br />that end it further expressly reserves out of the grant hereby made,
<br />unto itself, its successors, and assigns, forever, the right by it or
<br />its agents, servants, and attorneys at any and all times to erect,
<br />construct, maintain, and use all such buildings, machinery, roads and
<br />railroads, sink such shafts, remove such oil, and to remain on said
<br />lands or any part thereof, for the business of mining and to occupy as
<br />much of said lands as may be necessary or convenient for the
<br />successful prosecution of such mining business, hereby expressly
<br />reserving to itself, its successors, and assigns, as aforesaid,
<br />generally, all rights and powers in, to, and over said land, whether
<br />herein expressed or not, reasonably necessary or convenient to render
<br />beneficial and efficient the complete enjoyment of the property and
<br />the rights hereby expressly reserved."
<br />No rights shall be exercised under the foregoing reservation
<br />until provision has been made to pay to the owner of the land upon
<br />which the rights reserved are sought to be exercised, full payment for
<br />all damages sustained by reason of entering upon the land: PROVIDED,
<br />That if the owner for any cause refuses or neglects to settle the
<br />damages, the county, its successors, or assigns, or any applicant for
<br />a lease or contract from the county for the purpose of prospecting for
<br />or mining valuable minerals, or operation contract, or lease, for
<br />mining coal, or lease for extracting petroleum or natural gas, shall
<br />have the right to institute such legal proceedings in the superior
<br />court of the county wherein the land is situated, as may be necessary
<br />to determine the damages which the owner of the land may suffer. Any
<br />of the reserved minerals or other resources not exceeding two hundred
<br />RCW (10/5/2022 10:25 AM) 1 1 1
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