In this Article, I will first point out that neither the federal Enabling Act nor the Washington Constitution explicitly requires the state to hold its granted lands in trust for the common schools or other named institutions. Next, I will argue that even if the granted lands are trusts, they are not common law trusts and therefore should not be managed under common law trust principles. Third, I will demonstrate that neither Congress nor the framers of the Washington Constitution expected the lands to generate maximum revenue. Fourth, I will show that preventing thefts and giveaways of public land and timber was the only real legislative intent of both Congress and the framers. Fifth, I will demonstrate that that neither Congress nor the framers expected the lands to be managed in any particular way. Finally, I will argue that the Washington Constitution creates a broad constitutional trust, which requires the granted lands to be managed under the public trust doctrine.
Daniel Jack Chasan, A Trust for All the People: Rethinking the Management of Washington's State Forests, 24 SEATTLE U. L. REV. 1 (2000).