Title 8 — Title 8 EMINENT DOMAIN
9 chapters · 166 sections in this title.
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…
RCW 8.20.005 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 6.]
RCW 8.20.010 Petition for appropriation—Contents.
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Any corporation authorized by law to appropriate land, real estate, premises, or other property for right-of-way or any other corporate purposes, may present to the superior court of the county in which any land, real estate, premises, or other property sought to be appropriated …
RCW 8.20.020 Notice—Contents—Service—Publication.
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A notice, stating briefly the objects of the petition, and containing a description of the land, real estate, premises or property sought to be appropriated, and stating the time and place, when and where the same will be presented to the court, or the judge thereof, shall be ser…
RCW 8.20.060 Adjournment of proceedings—Further notice.
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The court or judge may, upon application of the petitioner or of any owner or party interested, for reasonable cause, adjourn the proceedings from time to time, and may order new or further notice to be given to any party whose interest may be affected.[ 1890 p 297 s 3; RRS s 924…
RCW 8.20.070 Adjudication of public use or private way of necessity.
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At the time and place appointed for hearing said petition, or to which the same may have been adjourned, if the court or judge thereof shall have satisfactory proof that all parties interested in the land, real estate, premises, or other property described in said petition, have …
RCW 8.20.080 Trial, how conducted.
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A judge of the superior court shall preside at the trial which shall be held at such time as the court or the judge thereof may direct, at the courthouse in the county where the land, real estate, premises or other property sought to be appropriated is situated, and the jurors at…
RCW 8.20.090 Judgment—Decree of appropriation—Recording.
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At the time of rendering judgment for damages, whether upon default or trial, if the damages awarded be then paid, or upon their payment, if not paid at the time of rendering such judgment, the court or judge thereof shall also enter a judgment or decree of appropriation of the l…
RCW 8.20.100 Payment of damages—Effect—Appellate review.
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Upon the entry of judgment upon the verdict of the jury or the decision of the court or judge thereof, awarding damages as hereinbefore prescribed, the petitioner, or any officer of, or other person duly appointed by said corporation, may make payment of the damages assessed to t…
RCW 8.20.110 Claimants, payment of—Conflicting claims.
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Any person, corporation, state or county, claiming to be entitled to any money paid into court, as provided in RCW 8.20.010 through 8.20.140 may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he, she, or it is entitled to the same, the co…
RCW 8.20.120 Appellate review.
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Either party may seek appellate review of the judgment for damages entered in the superior court within thirty days after the entry of judgment as aforesaid and such review shall bring before the supreme court or the court of appeals the propriety and justness of the amount of da…
RCW 8.20.130 Prosecution of work pending appeal—Bond.
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The construction of any railway surface tramway, elevated cable tramway, or canal, or the prosecution of any works or improvements by any corporation as aforesaid shall not be hindered, delayed or prevented by the prosecution of the appeal of any party to the proceedings: PROVIDE…
RCW 8.20.140 Appropriation of railway right-of-way through canyon, pass, or defile.
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Any railroad company whose right-of-way passes through any canyon, pass or defile shall not prevent any other railroad company from the use and occupancy of said canyon, pass or defile for the purpose of its road in common with the road first located or the crossing of other rail…
RCW 8.20.150 Prior entry with consent—Condemnation avoids ouster.
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No corporation authorized by law to condemn property for public use, which has heretofore entered or shall hereafter enter upon property for a public use with the consent of the record owner or the person or corporation in possession, shall be ousted from such possession or preve…
RCW 8.20.160 Three-year occupancy—Condemnation avoids ouster.
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No corporation which shall have been or shall be in possession of property put to public use for three or more years, and while continuing to put such property to public use shall be ousted therefrom or prevented from continuing such use if prior to the entry of any judgment of o…
RCW 8.20.170 Suit for compensation by owner equivalent to condemnation.
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Nothing in RCW 8.20.150 through 8.20.170 shall prevent the owner of any such property suing for and recovering compensation for such property without instituting suit or proceedings to oust such corporation therefrom, and upon payment of the amount awarded such owner title to the…
RCW 8.24.010 Condemnation authorized—Private way of necessity defined.
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An owner, or one entitled to the beneficial use, of land which is so situate with respect to the land of another that it is necessary for its proper use and enjoyment to have and maintain a private way of necessity or to construct and maintain any drain, flume or ditch, on, acros…
RCW 8.24.015 Joinder of surrounding property owners authorized.
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In any proceeding for the condemnation of land for a private way of necessity, the owner of any land surrounding and contiguous to the property which land might contain a site for the private way of necessity may be joined as a party.[ 1988 c 129 s 1.]
RCW 8.24.025 Selection of route—Criteria.
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If it is determined that an owner, or one entitled to the beneficial use of land, is entitled to a private way of necessity and it is determined that there is more than one possible route for the private way of necessity, the selection of the route shall be guided by the followin…
RCW 8.24.030 Procedure for condemnation—Fees and costs.
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The procedure for the condemnation of land for a private way of necessity or for drains, flumes or ditches under the provisions of this chapter shall be the same as that provided for the condemnation of private property by railroad companies, but no private property shall be take…
RCW 8.24.040 Logging road must carry products of condemnees.
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That any person or corporation availing themselves of the provisions of this chapter for the purpose of acquiring a right-of-way for a logging road, as a condition precedent, contract and agree to carry and convey over such roads to either termini thereof any of the timber or oth…
RCW 8.25.010 Pretrial statement of compensation to be paid in event of settlement.
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In all actions for the condemnation of property, or any interest therein, at least thirty days prior to the date set for trial of such action the condemnor shall serve a written statement showing the amount of total just compensation to be paid in the event of settlement on each …
RCW 8.25.020 Payment to defray costs of evaluating offer—Amount.
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There shall be paid by the condemnor in respect of each parcel of real property acquired by eminent domain or by consent under threat thereof, in addition to the fair market value of the property, a sum equal to the various expenditures actually and reasonably incurred by those w…
RCW 8.25.070 Award of attorney's fees and witness fees to condemnee—Conditions to award.
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(1) Except as otherwise provided in subsection (3) of this section, if a trial is held for the fixing of the amount of compensation to be awarded to the owner or party having an interest in the property being condemned, the court shall award the condemnee reasonable attorney's fe…
RCW 8.25.073 Award of costs in air space corridor acquisitions—Conditions.
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A superior court having jurisdiction of a proceeding instituted by a condemnor to acquire an air space corridor together with other property rights shall award the condemnee costs including reasonable attorney fees and reasonable expert witness fees, subject to the provisions of …
RCW 8.25.075 Costs—Award to condemnee or plaintiff—Conditions.
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(1) A superior court having jurisdiction of a proceeding instituted by a condemnor to acquire real property shall award the condemnee costs including reasonable attorney fees and reasonable expert witness fees if:(a) There is a final adjudication that the condemnor cannot acquire…
RCW 8.25.120 Conclusions of appraisers—Order for production and exchange between parties.
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After the commencement of a condemnation action, upon motion of either the condemnor or condemnee, the court may order, upon such terms and conditions as are fair and equitable the production and exchange of the written conclusions of all the appraisers of the parties as to just …
RCW 8.25.210 Special benefits to remaining property—Purpose.
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It is the purpose of *this 1974 act to provide procedures whereby more just and equitable results are accomplished when real property has been condemned for a highway, road, or street and an award made which is subject to a setoff for benefits inuring to the condemnee's remaining…
RCW 8.25.220 Special benefits to remaining property—Options—Election by owner—Consent to creation of lien.
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Whenever land, real estate, premises or other property is to be taken or damaged for a highway, road, or street and the amount offered as just compensation includes a setoff in recognition of special benefits accruing to a remainder portion of the property the property owner shal…
RCW 8.25.230 Special benefits to remaining property—Satisfaction or release of lien—Trial—Expiration of lien by operation of law.
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A lien established as provided in RCW 8.25.220 shall be satisfied or released by:(1) Agreement between the parties to that effect; or(2) Payment of the lien amount plus interest at the rate of five percent per annum; or(3) Payment of the amount of offsetting special benefits as e…
RCW 8.25.240 Special benefits to remaining property—Judgment—Maximum amounts—Offsets—Interest.
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A judgment entered as a result of a trial on the matter of special benefits shall not exceed the previously established sum of (1) the fair market value of any property taken; (2) the amount of damages if any to a remainder of the property, without offsetting against either of th…
RCW 8.25.250 Special benefits to remaining property—Attorney fees—Witness fees.
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Attorney fees and expert witness fees of the condemnee may be allowed by the attorney general or other attorney representing a condemnor to the extent provided in RCW 8.25.070 and shall be awarded by the court as authorized by this section to the extent provided in RCW 8.25.070 f…
RCW 8.25.260 Special benefits to remaining property—Lien foreclosure proceedings—Stay.
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A condemnor may foreclose the lien authorized by RCW 8.25.220 by bringing an action and applying for summary judgment pursuant to civil rule 56 and may execute first upon the remainder property but such proceedings shall not be commenced before five years time has passed from the…
RCW 8.25.270 Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.
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When it appears in any petition or otherwise at any time during the proceedings for condemnation brought pursuant to chapters 8.04, 8.08, 8.12, 8.16, 8.20, and 8.24 RCW that any minor, or alleged incapacitated person is interested in any property that is to be taken or damaged, t…
RCW 8.25.280 Valuation of public water systems.
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Consistent with standard appraisal practices, the valuation of a public water system as defined in RCW 70A.125.010 shall reflect the cost of system improvements necessary to comply with health and safety rules of the state board of health and applicable regulations developed unde…
RCW 8.25.290 Condemnation final actions—Notice required—"Final action" defined.
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(1) The condemnor must provide notice as required by this section before:(a) A state agency or other entity subject to chapter 8.04 RCW takes a final action to authorize the condemnation of a specific property;(b) A county or other entity subject to chapter 8.08 RCW takes a final…
RCW 8.26.010 Purposes—Applicability.
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(1) The purposes of this chapter are:(a) To establish a uniform policy for the fair and equitable treatment of persons displaced as a direct result of public works programs of the state and local governments in order that such persons shall not suffer disproportionate injuries as…
RCW 8.26.020 Definitions.
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As used in this chapter:(1) The term "state" means any department, commission, agency, or instrumentality of the state of Washington.(2) The term "local public agency" applies to any county, city or town, or other municipal corporation or political subdivision of the state and an…
RCW 8.26.035 Payment for moving and related expenses.
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(1) Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall provide for the payment to the displaced person of:(a) Actual reasonable expenses in moving himself or herself, or his or her famil…
RCW 8.26.045 Payment for replacement housing for homeowners.
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(1) In addition to payments otherwise authorized by this chapter, the displacing agency shall make an additional payment, not in excess of the dollar amount allowed under 42 U.S.C. Sec. 4623 as it existed on July 23, 2017, or such subsequent date as may be provided by the displac…
RCW 8.26.055 Payment for replacement housing for tenants and others.
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(1) In addition to amounts otherwise authorized by this chapter, a displacing agency shall make a payment to or for a displaced person displaced from a dwelling not eligible to receive a payment under RCW 8.26.045 if the dwelling was actually and lawfully occupied by the displace…
RCW 8.26.065 Relocation assistance advisory services.
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(1) Programs or projects undertaken by a displacing agency shall be planned in a manner that (a) recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions that will cause displacements, the problems associated with the di…