The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-03-20
ON EMINENT DOMAIN.
Important Property Law Just
Gone Into Effect.
POWER OF CITIES TO DAMAGE.
Ne Property Hay Ds Taken - Damaged
ee1taia the Amount - Re PalA.

wv SAAA Va AV1S AN pVk b0uC0 W CItAOS " 0S
passed By the state Legislature and ap-
proved BY the governor than the law en-
ao!ing cities to exercise the right Of emf
nent domain. 1t contains dfty-three
sections and was drafted by Hon. George
Donworth. corporation counsel for the
city OF Seattle. The task was imposed
upon him by the convention of delegates
from Spokane, Tacoma and Seattle which
met at Tacoma in December last It was
introduced BY Representative L. c. Gill
man.
The Law gives every city Of the first-class
In Washington the power to condemn land
and property for streets, alleys. highways,
bridges, approaches. culverts. drains.
bitches. public squares and public mar
kets. city and town halls, jails and other
buildings and for tho opening. widening.
extending or changing the grade of any
street. and for any other public use. after
just compensation has frrt been made or
paid into court It permits that compen-
sation to b made wholly or in part by
special assessments or out of the general
fund.
Special assessments can only be made
for streets, alleys. drains and similar inn
provements; and II boulevard be estab-
lished wider that $50 feet the cost beyond
that limit must be borne BY the city at
large. Whenever private property 10 to be
30 taken, the city is required to file petit
ton in the superior court praying that
just compensation therefor shall be ascer-
tanned by jury. or by the court in case
jury be waived. Summons to the owners
will then be issued and the same course be
adopted ~ to non-residents a. in other
civil suits. A separate jury in each case
may be granted by the court.
A very important feature Of the law IL
that compensation for land taken or prop
erty damaged shall be over and above any
benefits to be derived from the proposed
improvement. Appeal is permitted to the
supreme court. but if the amount
awarded 10 paid into court the work need
not be delayed.
Tho course TO be pursued when the cost
Of taking or damaging property is to be
paid by the contiguous property owners,
10 very completely detailed. In that case
the city may file petition praying the
court that an assessment be made for the
purpose Of raising An amount necessary to
pay the compensation and damages which
may or shall have been awarded for the
property taken or. damaged. with the
costs of the proceedings. or for such part
thereof AZ the ordinance shall provide.
The court shall have power at any time
after such supplementary petition shall
have been filed, to appoint three commas
sioners to make such assessment, and also
to ascertain and include therein, as near
a. may be. the costs incurred to the time
of such appointment, and the probable
further costs of the proceedings. including
therein the estimated costs of making and
collecting such assessment, and shall di-
rect such costs to be included by such
commissioners in making such compensa-
ton.
Upon the filing ofsuch petition the court
shall appoint three competent persons a.
commissioners. who shall take and sub
scribe an oath substantially as follows:
We, the undersigned commissioners appointed
by the superior court OF county, state of
Washington, to assess the coat of ..... (here
state in general terms the improvemsnO do
solsmnly swear (or affirm - tho case may be)
that We will . true and impartial assessment
make OF the cost OF said improvement upon the
city or town OF ........ aud the property bene-
fitsd by such improvement, TO the best Of our
ability and according to law.
1t shall be the duty of tho commission
ers to examine the locality where the i'm
provement is proposed to be made, and the
lots, blocks, tracts and parcels of land that
will be specially benefited thereby, and to
estimate what proportion Of the total cost
of such improvements will be of benefit to
the public and what proportion thereof
will be Of benefit to the property to be ben
Gifted. and apportion the same between the
city and such property, SO that each shall
bear its relative equitable proportion;
and having found said amounts, to ap-
portion and assess the amount so found
to be OF benefit to the property upon
the several lots, blocks, tracts and parcels
OF land in the proportion in which they
will be severally benefited by such i'm
provement; provided. that no lot, block,
tract or parcel Of land shall be assessed a
greater amount than it will be actually
benefited, and benefits are not to be de-
Quoted from the compensation; and pro-
vided further, that it shall not he necessary
for said commissioners to examine the
locality, excepting where the ordinance
provides for the establishment, opening,
widening or improvement of streets,
avenues. alleys or highways. Such part
of the compensation, damages and costs
as is not finally assessed against property
benefited shall be paid from any general
funds of the city applicable thereto.
The commissioners shall also cause to be
made an assessment roll, in which shall
appear the names of the owners SO far as
known. description of each lot, block,
tract or parcel of land and the amount
NAMING AND WARRANTS