Clam collecting arrest in Washington What happened next

Have you ever worried about someone taking natural resources from your private property in Washington? You’re not alone—many face uncertainties regarding ownership rights. Understanding the law is crucial to addressing these concerns. This article will guide you through a representative court ruling to help resolve such issues effectively.

Situation

Specific Situation

In Washington, there was a legal dispute when someone was caught taking clams from a private beach area. This area was called “tidelands,” which means it is sometimes covered by water and other times not, depending on the tide. The owner of the tidelands noticed that people were taking clams and decided to tell the police about it. The police then arrested the people who were taking the clams, including one person who was later charged with a crime called “second degree theft.” The big question was whether these clams, which naturally grew on the private land, belonged to the landowner, and if they were worth enough money for it to be considered theft.

Plaintiff’s Argument

The State of Washington, acting for the landowner, said that the clams were indeed the property of the landowner. They argued that the landowner had rights over the clams because they were on their private land. They also said that the person who took the clams did not have permission to do so, making it illegal. Moreover, they claimed that the clams were worth more than $250, which is important because, in Washington, taking something worth more than this amount can be considered second degree theft.

Defendant’s Argument

The person who was caught taking the clams argued differently. They said that clams in their natural state, before being caught, do not belong to anyone. They called these clams “ferae naturae,” which is a term for wild animals that are free and not owned by anyone until captured. They also pointed out that the clams were not certified for sale, meaning they couldn’t be sold legally, so they shouldn’t have a market value.

Judgment Result

The court decided in favor of the State of Washington, meaning they agreed with the landowner. The decision was that clams found on private property do belong to the landowner. Therefore, taking them without permission is theft. The court also found that the clams had enough market value to meet the requirements for second degree theft. So, the person who took the clams was found guilty and was convicted of second degree theft (Washington No. 68531-2).

Solution

Immediate Actions

If you are a landowner and find someone taking clams from your property, the first step is to document the incident. Take photos or videos of the activity and make a note of the date and time. It is also helpful to identify the people involved if possible. Once you have collected this information, contact local law enforcement to report the incident. Providing them with evidence will help in taking further legal action if necessary.

Filing a Lawsuit

If you decide to pursue legal action, it is important to consult with a lawyer who specializes in property law. They can help you file a lawsuit and guide you through the process. The lawyer will help you prepare the necessary documents and represent you in court. Make sure to gather all the evidence you have, such as photos, videos, any witnesses, and records of the value of the clams, to strengthen your case.

Negotiation and Settlements

Before going to court, it might be worth trying to settle the dispute outside of court. This can save time and money for both parties. A lawyer can help negotiate with the other side to reach an agreement. Sometimes, people agree to pay for the clams taken or promise not to do it again, which can resolve the issue without the need for a trial. If an agreement is reached, be sure to have it in writing and signed by all parties involved.

FAQ

What is theft?

Theft is when someone takes something that belongs to someone else without permission, intending to keep it and not give it back.

What is RCW?

RCW stands for Revised Code of Washington. It is the collection of all the permanent laws in the state of Washington.

What are clams?

Clams are a type of shellfish that live in water. They have a hard shell and can be found in both freshwater and saltwater environments.

What is market value?

Market value is the price that something would sell for in a regular, competitive market. It is how much someone would pay for it under normal conditions.

How to prove theft?

To prove theft, you need to show that someone took property that belongs to someone else without permission and intended to keep it for themselves.

What are tidelands?

Tidelands are areas of land that are underwater at high tide and dry at low tide. They are often found along coastlines.

What is the public trust?

The public trust is a legal idea that some natural resources, like rivers and lakes, are kept for public use and cannot be owned by private individuals.

What is feral nature?

Feral nature refers to wild animals that are not owned by anyone until they are captured. This term is often used in legal contexts to discuss ownership of wildlife.

What are shellfish?

Shellfish are aquatic animals that have shells, like clams, oysters, and mussels. They live in water and are often found in coastal areas.

How to challenge value?

To challenge the value of stolen property, one could argue that the property was not worth as much as claimed, or that it had no real market value, especially if it couldn’t be sold legally.