reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.080 - Verdict.

RCW 8.16.080
Verdict.
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 paid to the owner or owners of the real estate sought to be taken for such schoolhouse site purposes therefor, which shall be the amount found by the jury to be the fair and full value of such premises; and when the jury shall have determined upon their verdict, they shall return the same to the court as in other civil actions.
[ 1909 p 374 § 8; 1903 c 111 § 8; RRS § 913.]
NOTES:
Trial, civil actions, rendering of verdict: Chapter 4.44 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.090 - Ten jurors may render verdict.

RCW 8.16.090
Ten jurors may render verdict.
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 § 3; 1909 p 374 § 9; 1903 c 111 § 9; RRS § 914.]
NOTES:
Verdict, civil actions, ten jurors may render: RCW 4.44.380.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.100 - Waiver of jury.

RCW 8.16.100
Waiver of jury.
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 § 10; 1903 c 111 § 10; RRS § 915.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.110 - Judgment—Payment of award—Decree of appropriation.

RCW 8.16.110
Judgment—Payment of award—Decree of appropriation.
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, for the amount found as compensation therefor, and upon the payment of such amount by such school district to the clerk of such court for the use of the owner or owners of, and the persons interested in the premises sought to be taken, the court shall enter a decree of appropriation of the real estate sought to be taken, thereby vesting the title to the same in such school district; and a certified copy of such decree of appropriation may be filed in the office of the county auditor of the county wherein the real estate taken is situated, and shall be recorded by such auditor like a deed of real estate, and with like effect. The money so paid to the clerk of the court shall be by him or her paid to the person or persons entitled thereto, upon the order of the court.
[ 2011 c 336 § 274; 1909 p 374 § 11; 1903 c 111 § 11; RRS § 916.]
NOTES:
Recording of deeds of real estate: Title 65 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.120 - Costs.

RCW 8.16.120
Costs.
All the costs of such proceedings in the superior court shall be paid by the school district initiating such proceedings.
[ 1909 p 375 § 12; 1903 c 111 § 12; RRS § 917.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.130 - Appellate review.

RCW 8.16.130
Appellate review.
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 the supreme court or the court of appeals the justness of the compensation awarded for the property taken, and any error occurring on the hearing of such matter, prejudicial to the party appealing: PROVIDED, HOWEVER, That if the owner or owners of the land taken accepts the sum awarded by the jury or court, he, she, or they shall be deemed thereby to have waived appellate review.
[ 2011 c 336 § 275; 1988 c 202 § 12; 1971 c 81 § 41; 1909 p 375 § 13; RRS § 918. Prior: 1903 c 111 § 13.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.140 - Appeal does not delay possession if award paid.

RCW 8.16.140
Appeal does not delay possession if award paid.
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 have been paid in to the clerk of the court, as hereinbefore provided.
[ 1909 p 375 § 14; 1903 c 111 § 14; RRS § 919.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.16 - Eminent Domain by School Districts. › 8.16.150 - Designation of parties—Fees.

RCW 8.16.150
Designation of parties—Fees.
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 superior court wherein any such proceeding is brought shall charge nothing for his or her services, except in taking an appeal from the judgment entered in the superior court.
[ 2011 c 336 § 276; 1909 p 375 § 15; 1903 c 111 § 15; RRS § 920.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.005 - Condemnation final actions—Notice requirements.

RCW 8.20.005
Condemnation final actions—Notice requirements.
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 § 6.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.010 - Petition for appropriation—Contents.

RCW 8.20.010
Petition for appropriation—Contents.
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 shall be situated, or to the judge of such superior court in any county where he or she has jurisdiction or is holding court, a petition in which the land, real estate, premises, or other property sought to be appropriated shall be described with reasonable certainty, and setting forth the name of each and every owner, encumbrancer, or other person or party interested in the same, or any part thereof, so far as the same can be ascertained from the public records, the object for which the land is sought to be appropriated, and praying that a jury be impaneled to ascertain and determine the compensation to be made in money, irrespective of any benefit from any improvement proposed by such corporation, to such owner or owners, respectively, and to all tenants, encumbrancers, and others interested, for the taking or injuriously affecting such lands, real estate, premises, or other property, or in case a jury be waived as in other civil cases in courts of record in the manner prescribed by law, then that the compensation to be made, as aforesaid, be ascertained and determined by the court, or judge thereof.
[ 2011 c 336 § 277; 1890 p 294 § 1. Prior: 1888 p 58 § 1; RRS § 921.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.060 - Adjournment of proceedings—Further notice.

RCW 8.20.060
Adjournment of proceedings—Further notice.
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 § 3; RRS § 924. Prior: 1888 p 60 § 3.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.070 - Adjudication of public use or private way of necessity.

RCW 8.20.070
Adjudication of public use or private way of necessity.
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 been duly served with said notice as above prescribed, and shall be further satisfied by competent proof that the contemplated use for which the land, real estate, premises or other property sought to be appropriated is really a public use, or is for a private use for a private way of necessity, and that the public interest requires the prosecution of such enterprise, or the private use is for a private way of necessity, and that the land, real estate, premises or other property sought to be appropriated are required and necessary for the purposes of such enterprise, the court or judge thereof may make an order, to be recorded in the minutes of said court, directing that a jury be summoned, or called, in the manner provided by law, to ascertain the compensation which shall be made for the land, real estate, premises or other property sought to be appropriated, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law.
[ 1927 c 88 § 1; 1897 c 46 § 1; 1890 p 297 § 4; RRS § 925. Prior: 1888 p 60 § 4.]
NOTES:
Juries, civil actions, selection, impaneling and swearing of: Chapters 2.36, 4.44 RCW.
Private ways of necessity: Chapter 8.24 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.080 - Trial, how conducted.

RCW 8.20.080
Trial, how conducted.
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 such trial shall make in each case a separate assessment of damages which shall result to any person, corporation or company, or to the state, or to any county, by reason of the appropriation and use of such land, real estate, premises or other property by such corporation as aforesaid for any and all corporate purposes, and shall ascertain, determine and award the amount of damages to be paid to said owner or owners respectively, and to all tenants, encumbrancers and others interested, for the taking or injuriously affecting such land, real estate, premises or other property for the purpose of such enterprise, irrespective of any benefit from any improvement proposed by such corporation. Upon the trial, witnesses may be examined in behalf of either party to the proceedings as in civil actions; and a witness served with a subpoena in such proceedings shall be punished for failure to appear at such trial, or for perjury, as upon a trial of a civil action. Upon the verdict of the jury, judgment shall be entered for the amount of the damages awarded to such owner or owners respectively, and to all tenants, encumbrancers and others interested, for the taking or injuriously affecting such land, real estate, premises or other property. In case a jury is waived as in civil cases in courts of record in the manner prescribed by law, the compensation to be paid for the property sought to be appropriated shall be ascertained and determined by the court or the judge thereof, and the proceedings shall be the same as in trials of an issue of fact by the court.
[ 1890 p 297 § 5; RRS § 926.]
NOTES:
Witnesses in civil actions
compelling attendance: Chapter 5.56 RCW.
examination: Title 5 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.090 - Judgment—Decree of appropriation—Recording.

RCW 8.20.090
Judgment—Decree of appropriation—Recording.
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 land, real estate, premises, right-of-way or other property sought to be appropriated, thereby vesting the legal title to the same in the corporation seeking to appropriate such land, real estate, premises, right-of-way or other property for corporate purposes. Whenever said judgment or decree of appropriation shall affect lands, real estate or other premises, a certified copy of such judgment or decree of appropriation may be filed for record in the office of the auditor of the county where the said land, real estate or other premises are situated, and shall be recorded by said auditor like a deed of real estate and with like effect. If the title to said land, real estate, premises or other property attempted to be acquired is found to be defective from any cause, the corporation may again institute proceedings to acquire the same, as in RCW 8.20.010 through 8.20.140 provided.
[ 1891 c 46 § 1; 1890 p 298 § 6; RRS § 927.]
NOTES:
Rules of court: CR 54, 58.
Recording of deeds of real estate: Title 65 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.100 - Payment of damages—Effect—Appellate review.

RCW 8.20.100
Payment of damages—Effect—Appellate review.
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 the parties entitled to the same, and of the costs of the proceedings, by depositing the same with the clerk of said superior court, to be paid out under the direction of the court or judge thereof; and upon making such payment into the court of the damages assessed and allowed, and of the costs, to any land, real estate, premises or other property mentioned in said petition, such corporation shall be released and discharged from any and all further liability therefor, unless upon appellate review the owner or other person or party interested shall recover a greater amount of damages; and in that case only for the amount in excess of the sum paid into said court, and the costs of appellate review: PROVIDED, That in case of review by the supreme court or the court of appeals of the state by any party to the proceedings, the money so paid into the superior court by such corporation as aforesaid, shall remain in the custody of said court until the final determination of the proceedings by the said supreme court or the court of appeals.
[ 1988 c 202 § 13; 1971 c 81 § 42; 1890 p 299 § 7; RRS § 929.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.110 - Claimants, payment of—Conflicting claims.

RCW 8.20.110
Claimants, payment of—Conflicting claims.
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 court shall make an order directing the payment to such claimant the portion of such money as he, she, or it shall be found entitled to; but if, upon application, the court or judge thereof shall decide that the title to the land, real estate, premises, or other property specified in the application of such claimant was in such condition as to require that an action be commenced to determine the conflicting claims thereto, he or she shall refuse such order until such action is commenced and the conflicting claims to such land, real estate, premises, or other property be determined according to law.
[ 2011 c 336 § 278; 1890 p 299 § 8; RRS § 930. Prior: 1888 p 61 § 8.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.120 - Appellate review.

RCW 8.20.120
Appellate review.
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 damages in respect to the parties to the review: PROVIDED, HOWEVER, That no bond shall be required of any person interested in the property sought to be appropriated by such corporation, but in case the corporation appropriating such land, real estate, premises, or other property is appellant, it shall give a bond like that prescribed in RCW 8.20.130, to be executed, filed, and approved in the same manner: AND PROVIDED FURTHER, That if the owner of the land, real estate, premises, or other property accepts the sum awarded by the jury, the court, or the judge thereof, he or she shall be deemed thereby to have waived conclusively appellate review, and final judgment by default may be rendered in the superior court as in other cases.
[ 2011 c 336 § 279; 1988 c 202 § 14; 1971 c 81 § 43; 1890 p 300 § 9; RRS § 931. Prior: 1888 p 61 § 9.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.130 - Prosecution of work pending appeal—Bond.

RCW 8.20.130
Prosecution of work pending appeal—Bond.
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: PROVIDED, The corporation aforesaid shall execute and file with the clerk of the court in which the appeal is pending a bond to be approved by said clerk, with sufficient sureties, conditioned that the persons executing the same shall pay whatever amount may be required by the judgment of the court therein, and abide any rule or order of the court in relation to the matter in controversy.
[ 1897 c 46 § 2; 1890 p 300 § 10; RRS § 932. Prior: 1888 p 62 § 10.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.140 - Appropriation of railway right-of-way through canyon, pass, or defile.

RCW 8.20.140
Appropriation of railway right-of-way through canyon, pass, or defile.
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 railroads at grade, and any railroad company authorized by law to appropriate land, real estate, premises or other property for right-of-way or any other corporate purpose may present a petition, in the manner and form hereinbefore provided, for the appropriation of a right-of-way through any canyon, pass or defile for the purpose of its road where right-of-way has already been located, condemned or occupied by some other railroad company through such canyon, pass or defile for the purpose of its road, and thereupon, like proceedings shall be had upon such petition as herein provided in other cases; and at the time of rendering judgment for damages, whether upon default or trial, the court or judge thereof shall enter a judgment or decree authorizing said railroad company to occupy and use said right-of-way, roadbed and track, if necessary, in common with the railroad company or companies already occupying or owning the same, and defining the terms and conditions upon which the same shall be so occupied and used in common.
[ 1890 p 301 § 12; RRS § 933.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.150 - Prior entry with consent—Condemnation avoids ouster.

RCW 8.20.150
Prior entry with consent—Condemnation avoids ouster.
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 prevented from continuing the putting of such property to public use if before entry of judgment of ouster it shall institute proceedings in condemnation to acquire such property for public use, and shall thereafter prosecute the same in good faith and pay any compensation which may be awarded therein.
[ 1927 c 219 § 1; RRS § 921-1.]
NOTES:
Severability—1927 c 219: "If any section, provision or clause in this act be adjudged invalid the remainder of the act shall nevertheless remain valid." [ 1927 c 219 § 4.] This applies to RCW 8.20.150 through 8.20.170.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.160 - Three-year occupancy—Condemnation avoids ouster.

RCW 8.20.160
Three-year occupancy—Condemnation avoids ouster.
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 ouster it shall institute condemnation proceedings to acquire such property for public use, and shall thereafter prosecute the same in good faith and pay any compensation awarded therein.
[ 1927 c 219 § 2; RRS § 921-2.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.20 - Eminent Domain by Corporations. › 8.20.170 - Suit for compensation by owner equivalent to condemnation.

RCW 8.20.170
Suit for compensation by owner equivalent to condemnation.
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 property shall vest in such corporation as effectually as if acquired by proceedings in condemnation.
[ 1927 c 219 § 3; RRS § 921-3.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.24 - Private Ways of Necessity. › 8.24.010 - Condemnation authorized—Private way of necessity defined.

RCW 8.24.010
Condemnation authorized—Private way of necessity defined.
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, across, over or through the land of such other, for agricultural, domestic or sanitary purposes, may condemn and take lands of such other sufficient in area for the construction and maintenance of such private way of necessity, or for the construction and maintenance of such drain, flume or ditch, as the case may be. The term "private way of necessity," as used in this chapter, shall mean and include a right-of-way on, across, over or through the land of another for means of ingress and egress, and the construction and maintenance thereon of roads, logging roads, flumes, canals, ditches, tunnels, tramways and other structures upon, over and through which timber, stone, minerals or other valuable materials and products may be transported and carried.
[ 1913 c 133 § 1; RRS § 936-1. Prior: 1895 c 92 § 1. Formerly RCW 8.24.020, part.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.24 - Private Ways of Necessity. › 8.24.015 - Joinder of surrounding property owners authorized.

RCW 8.24.015
Joinder of surrounding property owners authorized.
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 § 1.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.24 - Private Ways of Necessity. › 8.24.025 - Selection of route—Criteria.

RCW 8.24.025
Selection of route—Criteria.
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 following priorities in the following order:
(1) Nonagricultural and nonsilvicultural land shall be used if possible.
(2) The least-productive land shall be used if it is necessary to cross agricultural land.
(3) The relative benefits and burdens of the various possible routes shall be weighed to establish an equitable balance between the benefits to the land for which the private way of necessity is sought and the burdens to the land over which the private way of necessity is to run.
[ 1988 c 129 § 2.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.24 - Private Ways of Necessity. › 8.24.030 - Procedure for condemnation—Fees and costs.

RCW 8.24.030
Procedure for condemnation—Fees and costs.
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 taken or damaged until the compensation to be made therefor shall have been ascertained and paid as provided in the case of condemnation by railroad companies.
In any action brought under the provisions of this chapter for the condemnation of land for a private way of necessity, reasonable attorneys' fees and expert witness costs may be allowed by the court to reimburse the condemnee.
[ 1988 c 129 § 3; 1913 c 133 § 2; RRS § 936-2. Prior: 1895 c 92 § 2.]
NOTES:
Condemnation by corporations: Chapter 8.20 RCW.
Railroads—Corporate powers and duties: RCW 81.36.010.
Special railroad eminent domain proceedings:
appropriation of railway right-of-way through canyon, pass or defile: RCW 8.20.140.
extensions, branch lines: RCW 81.36.060.
railroad crossings: RCW 81.53.180.
state university—Rights-of-way to railroads: RCW 28B.20.330.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.24 - Private Ways of Necessity. › 8.24.040 - Logging road must carry products of condemnees.

RCW 8.24.040
Logging road must carry products of condemnees.
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 other produce of the lands through which such right is acquired at any and all times, so long as said road is maintained and operated, and at reasonable prices; and a failure so to do shall terminate such right-of-way. The reasonableness of the rate shall be subject to determination by the utilities and transportation commission.
[ 1913 c 133 § 3; RRS § 936-3. Prior: 1895 c 92 § 3.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.010 - Pretrial statement of compensation to be paid in event of settlement.

RCW 8.25.010
Pretrial statement of compensation to be paid in event of settlement.
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 condemnee who has made an appearance in the action.
[ 1965 ex.s. c 125 § 1.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.020 - Payment to defray costs of evaluating offer—Amount.

RCW 8.25.020
Payment to defray costs of evaluating offer—Amount.
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 with an interest or interests in said parcel in the process of evaluating the condemnor's offer to buy the same, but not to exceed a total of seven hundred fifty dollars. In the case of multiple interests in a parcel, the division of such sum shall be determined by the court or by agreement of the parties.
[ 1999 c 52 § 1; 1967 ex.s. c 137 § 1; 1965 ex.s. c 125 § 2.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.070 - Award of attorney's fees and witness fees to condemnee—Conditions to award.

RCW 8.25.070
Award of attorney's fees and witness fees to condemnee—Conditions to award.
(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 fees and reasonable expert witness fees in the event of any of the following:
(a) If condemnor fails to make any written offer in settlement to condemnee at least thirty days prior to commencement of said trial; or
(b) If the judgment awarded as a result of the trial exceeds by ten percent or more the highest written offer in settlement submitted to those condemnees appearing in the action by condemnor in effect thirty days before the trial.
(2) The attorney general or other attorney representing a condemnor in effecting a settlement of an eminent domain proceeding may allow to the condemnee reasonable attorney fees.
(3) Reasonable attorney fees and reasonable expert witness fees authorized by this section shall be awarded only if the condemnee stipulates, if requested to do so in writing by the condemnor, to an order of immediate possession and use of the property being condemned within thirty days after receipt of the written request, or within fifteen days after the entry of an order adjudicating public use whichever is later and thereafter delivers possession of the property to the condemnor upon the deposit in court of a warrant sufficient to pay the amount offered as provided by law. In the event, however, the condemnor does not request the condemnee to stipulate to an order of immediate possession and use prior to trial, the condemnee shall be entitled to an award of reasonable attorney fees and reasonable expert witness fees as authorized by subsections (1) and (2) of this section.
(4) Reasonable attorney fees as authorized in this section shall not exceed the general trial rate, per day customarily charged for general trial work by the condemnee's attorney for actual trial time and his or her hourly rate for preparation. Reasonable expert witness fees as authorized in this section shall not exceed the customary rates obtaining in the county by the hour for investigation and research and by the day or half day for trial attendance.
(5) In no event may any offer in settlement be referred to or used during the trial for any purpose in determining the amount of compensation to be paid for the property.
[ 1984 c 129 § 1; 1971 ex.s. c 39 § 3; 1967 ex.s. c 137 § 3.]
NOTES:
Court appointed experts: Rules of court: ER 706.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.073 - Award of costs in air space corridor acquisitions—Conditions.

RCW 8.25.073
Award of costs in air space corridor acquisitions—Conditions.
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 subsection (4) of RCW 8.25.070, if—
(1) there is a final adjudication that the condemnor cannot acquire the air space corridor or other property rights by condemnation; or
(2) the proceeding is abandoned by the condemnor.
[ 1971 ex.s. c 39 § 2.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.075 - Costs—Award to condemnee or plaintiff—Conditions.

RCW 8.25.075
Costs—Award to condemnee or plaintiff—Conditions.
(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 the real property by condemnation; or
(b) The proceeding is abandoned by the condemnor.
(2) In effecting a settlement of any claim or proceeding in which a claimant seeks an award from an acquiring agency for the payment of compensation for the taking or damaging of real property for public use without just compensation having first been made to the owner, the attorney general or other attorney representing the acquiring agency may include in the settlement amount, when appropriate, costs incurred by the claimant, including reasonable attorneys' fees and reasonable expert witness fees.
(3) A superior court rendering a judgment for the plaintiff awarding compensation for the taking or damaging of real property for public use without just compensation having first been made to the owner shall award or allow to such plaintiff costs including reasonable attorney fees and reasonable expert witness fees, but only if the judgment awarded to the plaintiff as a result of trial exceeds by ten percent or more the highest written offer of settlement submitted by the acquiring agency to the plaintiff at least thirty days prior to trial.
(4) Reasonable attorney fees and expert witness fees as authorized in this section shall be subject to the provisions of subsection (4) of RCW 8.25.070 as now or hereafter amended.
[ 1977 ex.s. c 72 § 1; 1971 ex.s. c 240 § 21.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.120 - Conclusions of appraisers—Order for production and exchange between parties.

RCW 8.25.120
Conclusions of appraisers—Order for production and exchange between parties.
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 compensation owed to the condemnee, as prepared for the purpose of the condemnation action, and the comparable sales, if any, used by such appraisers. The court shall enter such order only after assurance that there will be mutual, reciprocal and contemporaneous disclosures of similar information between the parties.
[ 1969 ex.s. c 236 § 8.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.210 - Special benefits to remaining property—Purpose.

RCW 8.25.210
Special benefits to remaining property—Purpose.
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 land.
[ 1974 ex.s. c 79 § 1.]
NOTES:
*Reviser's note: For codification of "this 1974 act" [1974 ex.s. c 79], see Codification Tables.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.220 - Special benefits to remaining property—Options—Election by owner—Consent to creation of lien.

RCW 8.25.220
Special benefits to remaining property—Options—Election by owner—Consent to creation of lien.
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 shall elect one of the following options:
(1) Trial on the question of just compensation which shall finally determine the amount of just compensation; or
(2) Acceptance of the offered amount as a final determination of just compensation; or
(3) Demand the full amount of the fair market value of any property taken plus the amount of damages if any caused by such acquisition to a remainder of the property without offsetting the amount of any special benefits accruing to a remainder of the property as those several amounts are agreed to by the parties; or
(4) Demand a trial before a jury unless jury be waived to establish the fair market value of any property taken and the amount of damages if any caused by such acquisition to a remainder of the property without offsetting the amount of any special benefits accruing to a remainder of the property.
The selection of the option set forth in subsections (3) or (4) of this section is subject to the consent by the property owner to the creation and recording of a lien against the remainder in the amount of the fair market value of any property taken plus the amount of damages caused by such acquisition to the remainder of the property without offsetting the amount of any special benefits accruing to a remainder of the property, plus interest as it accrues.
[ 1974 ex.s. c 79 § 2.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.230 - Special benefits to remaining property—Satisfaction or release of lien—Trial—Expiration of lien by operation of law.

RCW 8.25.230
Special benefits to remaining property—Satisfaction or release of lien—Trial—Expiration of lien by operation of law.
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 established pursuant to RCW 8.25.220(3) plus interest at the rate of five percent per annum within four years of the date of acquisition; or
(4) Satisfaction of a judgment lien entered as a result of a trial before a jury unless jury be waived to establish the change in value of the remainder of the original parcel because of the construction of the project involved: PROVIDED, That if the result of the trial is to find no special benefits then the lien is extinguished by operation of law. Trial may be had on the petition of any party to the superior court of the county wherein the subject remainder lies after notice of intent to try the matter of special benefits has been served on all persons having an interest in the subject remainder. Such notice shall be filed with the clerk of the superior court and personally served upon all persons having an interest in the subject remainder. Filing a notice of intent to try the matter of special benefits shall be accompanied by a fee in the amount paid when filing a petition in condemnation.
(5) Upon expiration of six years time from the date of acquisition without commencement of proceedings to foreclose the lien or try the matter of special benefits to the remainder of the property, the lien shall terminate by operation of law.
[ 1974 ex.s. c 79 § 3.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.240 - Special benefits to remaining property—Judgment—Maximum amounts—Offsets—Interest.

RCW 8.25.240
Special benefits to remaining property—Judgment—Maximum amounts—Offsets—Interest.
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 them the amount of any special benefits accruing to a remainder of the property; (3) the interest at five percent per annum accrued thereon to the date of entry of the judgment.
[ 1974 ex.s. c 79 § 4.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.250 - Special benefits to remaining property—Attorney fees—Witness fees.

RCW 8.25.250
Special benefits to remaining property—Attorney fees—Witness fees.
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 for trial and trial preparation: (1) In the event a trial is held as authorized by RCW 8.25.220 except the judgment awarded to the condemnor must exceed by ten percent or more the highest written offer in settlement of the issue to be determined by trial submitted by the condemnor to those condemnees appearing in the action at least thirty days prior to commencement of the trial; (2) in the event of a trial on the matter of special benefits as authorized by RCW 8.25.230(4) except the judgment awarded to the condemnor must be no more than ninety percent of the lowest written offer in settlement submitted by the condemnor to the condemnees appearing in the action at least thirty days prior to commencement of the trial on the matter of special benefits.
[ 1974 ex.s. c 79 § 5.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.260 - Special benefits to remaining property—Lien foreclosure proceedings—Stay.

RCW 8.25.260
Special benefits to remaining property—Lien foreclosure proceedings—Stay.
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 date of acquisition by the condemnor. A property owner may stay proceedings to enforce the lien authorized by RCW 8.25.220 by commencement of an action to try the matter of special benefits.
[ 1974 ex.s. c 79 § 6.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.270 - Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.

RCW 8.25.270
Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.
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, the court shall appoint a guardian ad litem for the minor or alleged incapacitated person to appear and assist in the person's defense, unless a guardian or limited guardian has previously been appointed, in which case the duty to appear and assist shall be delegated to the properly qualified guardian or limited guardian. The court shall make such orders or decrees as it shall deem necessary to protect and secure the interest of the minor or alleged incapacitated person.
[ 1996 c 249 § 6; 1977 ex.s. c 80 § 12.]
NOTES:
Intent—1996 c 249: See note following RCW 2.56.030.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.25 - Additional Provisions Applicable to Eminent Domain Proceedings. › 8.25.280 - Valuation of public water systems.

RCW 8.25.280
Valuation of public water systems.
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 under chapter 43.20, 43.20A, or 70A.100 RCW.
[ 2021 c 65 § 9; 1990 c 133 § 9.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Findings—Severability—1990 c 133: See notes following RCW 36.94.140.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.26 - Relocation Assistance—Real Property Acquisition Policy. › 8.26.010 - Purposes—Applicability.

RCW 8.26.010
Purposes—Applicability.
(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 a result of programs designed for the benefit of the public as a whole and to minimize the hardship of displacement on such persons;
(b) To encourage and expedite the acquisition of real property for public works programs by agreements with owners, to reduce litigation and relieve congestion in the courts, to assure consistent treatment for owners affected by state and local programs, and to promote public confidence in state and local land acquisition practices;
(c) To require the state, local public agencies, and other persons who have the authority to acquire property by eminent domain under state law to comply with the provisions of chapter 213, Laws of 2017 in order to assure the fair and equitable treatment of all persons and property owners impacted by public projects.
(2) Any determination by the head of a state agency or local public agency administering a program or project as to payments under this chapter is subject to review pursuant to chapter 34.05 RCW; otherwise, no provision of this chapter may be construed to give any person a cause of action in any court.
(3) Unless otherwise prohibited by law, any state or local public agency providing a grant, loan, or matching funds for any program or project that displaces persons who are eligible for relocation assistance under this chapter may not limit, restrict, or otherwise prohibit grant, loan, or matching fund money from being used for any required relocation assistance payments.
(4) The governing body of any local public agency may elect not to comply with the provisions of RCW 8.26.035 through 8.26.115 in connection with a program or project not receiving federal financial assistance initiated on or before December 31, 2017.
(5) Nothing in this chapter may be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately before March 16, 1988.
[ 2017 c 213 § 1; 1988 c 90 § 1; 1971 ex.s. c 240 § 1.]
NOTES:
Section captions—1988 c 90: "Section captions and part divisions in this act do not constitute any part of the law." [ 1988 c 90 § 19.]