The application of private trust principles to management of state forest lands granted to Washington by Congress in the Enabling Act conflicts with the public trust established in the state constitution and hampers efforts to preserve ecological values on these lands. This Comment explores alternative common law doctrines which courts employ to construe restrictive land grants. Principles applying to dedications of land for public use better suit the task of harmonizing the language of the Enabling Act and the state constitution to allow for protection of ecological values on state forest lands.
John B. Arum,
Old-Growth Forests on State School Lands—Dedicated to Oblivion?—Private Trust Theory and the Public Trust,
65 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol65/iss1/5