The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1908-10-30
SESSION LAWS, 1907
Page liz
Chapter 90
III. b. 81

Amendment Of State Consti.
tuition relative TO the Exercise
of the Power OF Eminent DO.
main.
An act providing Cor che amend.
manl - Section re ~ Article one
81 n the Constitution q the
ssata % Washington relating 20 ihs
exercise Of the power Of eminent
domain.
Be il enacted by the Legisla-
turc of the State OF Washing
ton:
section 1. That AZ the general
election % bc held IN this State on
tho Tuesday next aucce~dinE thf
fret Monday tn November. 1905
there shall BE- submitted 60 tho aual !.
filed slacfura q the State for their
adoption and approval an amend
ment OF Section Sixteen lfel % Ar
tielo Ona 90 81 The Consultation II
the State % Washingtun - that the
same shall read and u H. Proposed
that the same shall read. when %
amended. az follows;
Sec 10 Private property may Be
taken. under such terms. conditions
and limitations as shall be pre-
u 4. s4ata 81 =
fumes and bitches for agricultural
domestic and sanitary purposes and
/ for rights 81 way Tor the removal OF
timber Or timber products. and the
appropriation and use q property
l FOR such purposes are hereby de.
clared TO be public usage. even
I though such appropriation and us
may inure 70 the special benefit Of
some private individual firm. cor
| poration or association. Provided.
/ however. That this declaration aE 10
public uneH shRll not be construed 90
| limit the right 10 appropriate prop
rrty for other public uses. Private
property shall not he taken for prl-
vate use. except for private ways 81
necessity. No private property shall
be- taken or damaged for public or
private use without Just compenaa
/ NiNn NMNANA RffN AAAA HAtAff ~ NafA
4 into court for the owner, and no
| rleht-of way shall be appropriated
10 the use 81 any corporation other
than municipal until fun compcnsa-
I ton therefor be- first made IN money
or ancsrtained and paid into court
I for the owner. irrespective of any
benefit from any Improvement pro-
posed ~ such corporation, which
| compensation shall be aaccrtaiued
I by n jury. unless jury be waived.
/ a. III other civil cases IN courts ~
record, iu the manner prescribed BY
/ Law. whenever an attempt IL made
I 10 take private property for r. use
IaiieRed 60 be public. the question
/ whether the contemplated use be
really public shall be a judicial
question. and determined AZ such.
without regard 60 any legislative as
aartinn that the use is public. eN-
copt as 20 the uses which are herein
declared 10 be public.
Sec. q The Secretary Of State
shall cause the amendment proposed
/ IN section one 81 this act % be
published for three months next
/ preceding the said election therein
/ described ia some weekly ncwHpa per
\ In every county whore "a noWapa per
I IL published throughout the state.
Sec. 2. There shall be printed on
/ all ballots provided for the gaid
election the words "For the pro-
/ posed amendment 10 section rs Of
/ article J. ~ the Constitution. reiat-
1 ing 70 the exercise ~ the power OF
eminent domain" Against the pro-
/ posed amendment 20 section Nc Of
/ article 4 81 the ConHtitution. rclat-
lnR 10 the exercise o. tho power Of
eminent domain"
Passed the House February "a,
1907.
Passed the Senate February rs
1907.
Approved BY the Governor March
5. 1907.