Title 8 — Title 8 EMINENT DOMAIN
9 chapters · 166 sections in this title.
RCW 8.16.005 Condemnation final actions—Notice requirements.
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Proceedings under this chapter are subject to the notice requirements of RCW 8.25.290. Compliance with RCW 8.25.290 is required before an action can be filed under this chapter.[ 2007 c 68 s 5.]
RCW 8.16.010 Condemnation authorized for schoolhouse sites.
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Whenever any school district shall select any real estate as a site for a schoolhouse, or as additional grounds to an existing schoolhouse site, within the district, and the board of school directors of such district and the owner or owners of the site or any part thereof, or add…
RCW 8.16.020 Petition—Contents.
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The board of directors of the school district shall present to the superior court of the state of Washington in and for the county wherein is situated the real estate desired to be acquired for schoolhouse site purposes, a petition, reciting that the board of directors of such sc…
RCW 8.16.030 Notice of petition—Service.
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A notice, stating the time and place when and where such petition shall be presented to the court, or the judge thereof, together with a copy of such petition, shall be served on each and every person named therein as owner, or otherwise interested therein, at least ten days prev…
RCW 8.16.040 Adjournment of proceedings—Further notice.
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The court may, upon application of the petitioner or of any owner of said real estate, or any person interested therein, for reasonable cause, adjourn the proceedings from time to time, and may order new or further notice to be given to any party whose interests may be affected b…
RCW 8.16.050 Hearing—Finding of necessity—Setting for trial.
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At the time and place appointed for the hearing of such petition, or to which the same may have been adjourned, if the court shall find that all parties interested in such real estate sought to be taken have been duly served with notice and a copy of the petition as above prescri…
RCW 8.16.060 Impaneling of jury.
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The jury impaneled to hear the evidence and determine the compensation to be paid to the owner or owners of such real estate desired for such schoolhouse site purpose shall consist of twelve persons unless a less number be agreed upon, and shall be selected, impaneled, and sworn …
RCW 8.16.070 Trial—View by jury.
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A judge of the superior court shall preside at the trial and witnesses may be examined in behalf of either party to the proceedings, as in other civil actions, and upon the request of all the parties interested in such proceedings the court shall cause the jury impaneled to hear …
RCW 8.16.080 Verdict.
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Upon the close of the evidence, and the argument of counsel, the court shall instruct the jury as to the matters submitted to them, and the law pertaining thereto, whereupon the jury shall retire and deliberate and determine upon the amount of compensation in money that shall be …
RCW 8.16.090 Ten jurors may render verdict.
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When ten of the jurors agree upon a verdict, the verdict so agreed upon shall be signed by the jury foreperson, and the verdict so agreed upon shall be and stand as the verdict of the jury.[ 2013 c 23 s 3; 1909 p 374 s 9; 1903 c 111 s 9; RRS s 914.]Notes:Verdict, civil actions, t…
RCW 8.16.100 Waiver of jury.
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In case a jury is waived, the compensation that shall be paid for the premises taken shall be determined by the court and the proceedings shall be the same as in the trial of issues of fact by the court in other civil actions.[ 1909 p 374 s 10; 1903 c 111 s 10; RRS s 915.]
RCW 8.16.110 Judgment—Payment of award—Decree of appropriation.
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Upon the verdict of the jury, or upon the determination by the court of the compensation to be paid for the property sought to be taken as herein provided, judgment shall be entered against such school district in favor of the owner or owners of the real estate sought to be taken…
RCW 8.16.120 Costs.
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All the costs of such proceedings in the superior court shall be paid by the school district initiating such proceedings.[ 1909 p 375 s 12; 1903 c 111 s 12; RRS s 917.]
RCW 8.16.130 Appellate review.
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Either party may seek appellate review of the judgment for compensation awarded for the property taken, entered in the superior court, to the supreme court or the court of appeals of the state within sixty days after the entry of the judgment, and such review shall bring before t…
RCW 8.16.140 Appeal does not delay possession if award paid.
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An appeal from such judgment by the owner or owners of the land sought to be taken, shall not have the effect to preclude the school district from taking possession of the premises sought, pending the appeal, provided the amount of the judgment against the school district shall h…
RCW 8.16.150 Designation of parties—Fees.
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In all proceedings under this chapter the school district seeking to acquire title to real estate for a schoolhouse site, shall be denominated plaintiff, and all other persons interested therein shall be denominated defendants; and in all such proceedings the clerk of the superio…
RCW 8.16.170 Failure to use condemned property—Opportunity to repurchase.
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(1) For purposes of this section, real estate is acquired under threat of condemnation when a school district purchases the real estate without a judgment having been entered in a condemnation action brought under this chapter and the school district sends the property owner a wr…