reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.04 - Eminent Domain by State. › 8.04.130 - Payment of damages—Effect—Costs—Appellate review.

RCW 8.04.130
Payment of damages—Effect—Costs—Appellate review.
Upon the entry of judgment upon the verdict of the jury or the decision of the court awarding damages, the state may make payment of the damages and the costs of the proceedings by depositing them with the clerk of the court, to be paid out under the direction of the court or judge thereof; and upon making such payment into court of the damages assessed and allowed for any land, real estate, premises, or other property mentioned in the petition, and of the costs, the state shall be released and discharged from any and all further liability therefor, unless upon appeal the owner or party interested recovers a greater amount of damages; and in that case the state shall be liable only for the amount in excess of the sum paid into court and the costs of appeal.
In the event appellate review is sought by any party to the proceedings, the moneys paid into the superior court by the state pursuant to this section shall remain in the custody of the court until the final determination of the proceedings by the supreme court or the court of appeals.
[ 1988 c 202 § 7; 1971 c 81 § 35; 1951 c 177 § 4; 1925 ex.s. c 98 § 3; 1891 c 74 § 7; RRS § 897.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.04 - Eminent Domain by State. › 8.04.140 - Claimants, payment of—Conflicting claims.

RCW 8.04.140
Claimants, payment of—Conflicting claims.
Any person, corporation, or county claiming to be entitled to any money paid into court, as provided in RCW 8.04.010 through 8.04.160, may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he or 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 or she or it shall be found entitled to; but if, upon application, the court or judge thereof should decide that the title to the land, real estate, or premises 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, or premises be determined according to law.
[ 2011 c 336 § 255; 1891 c 74 § 8; RRS § 898.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.04 - Eminent Domain by State. › 8.04.150 - Appellate review.

RCW 8.04.150
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 upon such review no bond shall be required: AND PROVIDED FURTHER, That if the owner of land, the real estate or premises 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: PROVIDED FURTHER, That no review shall operate so as to prevent the said state of Washington from taking possession of such property pending review after the amount of said award shall have been paid into court.
[ 2011 c 336 § 256; 1988 c 202 § 8; 1971 c 81 § 36; 1891 c 74 § 9; RRS § 899.]
NOTES:
Rules of court: Cf. RAP 5.2, 8.1, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.04 - Eminent Domain by State. › 8.04.160 - Award, how paid into court.

RCW 8.04.160
Award, how paid into court.
Whenever the attorney general shall file with the director of financial management a certificate setting forth the amount of any award found against the state of Washington under the provisions of RCW 8.04.010 through 8.04.160, together with the costs of said proceeding, and a description of the lands and premises sought to be appropriated and acquired, and the title of the action or proceeding in which said award is rendered, it shall be the duty of the office of financial management to forthwith issue a warrant upon the state treasury to the order of the attorney general in a sum sufficient to make payment in money of said award and the costs of said proceeding, and thereupon it shall be the duty of said attorney general to forthwith pay to the clerk of said court in money the amount of said award and costs.
[ 1979 c 151 § 8; 1973 c 106 § 8; 1891 c 74 § 10; RRS § 900.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.04 - Eminent Domain by State. › 8.04.170 - Condemnation for military purposes.

RCW 8.04.170
Condemnation for military purposes.
Whenever the governor, as commander-in-chief of the military of this state, shall deem it necessary to acquire any lands, real estate, premises, or other property for any military purpose or purposes of this state, either to add to, enlarge, increase, or otherwise improve state military facilities now or hereafter existing or to establish new facilities, the acquisition of which shall have been provided for by the state, by a county or by a city, or by either, all or any thereof, upon certificate by the governor of such necessity, proceedings for the condemnation, appropriation, and taking of the lands, real estate, premises, or other property so certified to be necessary shall be taken as follows:
Where the state is to pay the purchase price it shall be the duty of the attorney general, upon receipt by him or her of said certificate of the governor, to file a petition in the superior court for the county in which such lands, real estate, premises, or other property may be situate praying such condemnation, appropriating, and taking, which petition shall be prosecuted to a final determination in the manner by law provided for other condemnation suits brought by or on behalf of the state;
Where a county is to pay the purchase price it shall be the duty of the prosecuting attorney of said county upon receipt by him or her of said certificate of the governor, to file a petition in the superior court for said county praying such condemnation, appropriation, and taking, which petition shall be prosecuted to a final determination in the manner by law provided for other condemnation suits brought by or on behalf of a county;
Where a city is to pay the purchase price it shall be the duty of the corporation counsel, city attorney, or other head of the legal department of said city, upon receipt by him or her of said certificate of the governor, to file a petition in the superior court for the county in which said city is situate, praying such condemnation, appropriation, and taking, which petition shall be prosecuted to a final determination in the manner by law provided for other condemnation suits brought by or on behalf of such city;
Where the purchase price is to be paid by the state, a county, and a city or by the state and a county, or by the state and a city, or by a county and a city, the condemnation shall be prosecuted to a final determination in the manner by law provided for either or any thereof, as the governor may determine, which determination shall be final and conclusive.
[ 2011 c 336 § 257; 1917 c 153 § 1; RRS § 900-1.]
NOTES:
Notice where military land is involved: RCW 8.28.030.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.04 - Eminent Domain by State. › 8.04.180 - Condemnation for military purposes—Construction.

RCW 8.04.180
Condemnation for military purposes—Construction.
Nothing contained in RCW 8.04.170 shall be construed as in any manner applying to condemnation by any county for the purpose of acquiring title to any site for a mobilization, training and supply station, to be donated by any county to the United States.
[ 1917 c 153 § 2; RRS § 900-2.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.005 - Condemnation final actions—Notice requirements.

RCW 8.08.005
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 § 3.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.010 - Condemnation authorized for general county purposes—Petition.

RCW 8.08.010
Condemnation authorized for general county purposes—Petition.
Every county is hereby authorized and empowered to condemn land and property within the county for public use; whenever the board of county commissioners deems it necessary for county purposes to acquire such land, real estate, premises or other property, and is unable to agree with the owner or owners thereof for its purchase, it shall be the duty of the prosecuting attorney to present to the superior court of the county in which said land, real estate, premises, or other property so sought to be acquired or appropriated shall be situated, 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 to such owner or owners respectively, and to all tenants, encumbrancers, or others interested, for taking 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 or determined by the court or the judge thereof.
[ 1949 c 79 § 1; Rem. Supp. 1949 § 3991-6.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.020 - Public use declared.

RCW 8.08.020
Public use declared.
Any condemnation, appropriation or disposition intended in RCW 8.08.010 through 8.08.080 shall be deemed and held to be for a county purpose and public use within the meaning of RCW 8.08.010 through 8.08.080 when it is directly or indirectly, approximately or remotely for the general benefit or welfare of the county or of the inhabitants thereof.
[ 1949 c 79 § 2; Rem. Supp. 1949 § 3991-7.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.030 - Notice of presentation of petition.

RCW 8.08.030
Notice of presentation of petition.
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 previous to the time designated in such notice for the presentation of such petition. Such notice shall be signed by the prosecuting attorney of the county wherein the real estate or property sought to be taken is situated, and may be served in the same manner as a summons in a civil action in such superior court is authorized by law to be served.
[ 1949 c 79 § 3; Rem. Supp. 1949 § 3991-8.]
NOTES:
Publication of notice in eminent domain proceedings: RCW 4.28.120.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.040 - Hearing—Order adjudicating public use.

RCW 8.08.040
Hearing—Order adjudicating public use.
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 prescribed herein, and shall be further satisfied by competent proof that the contemplated use for which the lands, real estate, premises, or other property sought to be appropriated is a public use of the county, the court or judge thereof may make and enter an order adjudicating that the contemplated use is really a public use of the county, and which order shall be final unless review thereof to the supreme court or the court of appeals be taken within five days after entry of such order, adjudicating that the contemplated use for which the lands, real estate, premises or other property sought to be appropriated is really a public use of the county, and directing that determination be had of the compensation and damages to be paid all parties interested in the land, real estate, premises, or other property sought to be appropriated for the taking and appropriation thereof, together with the injury, if any, caused by such taking or appropriation to the remainder of the lands, real estate, premises, or other property from which the same is to be taken and appropriated, after offsetting against any and all such compensation and damages, special benefits, if any, accruing to such remainder by reason of such appropriation and use by the county of such lands, real estate, premises, and other property described in the petition; such determination to be made by a jury, unless waived, in which event the compensation or damages shall be determined by the court without a jury. Proceedings under this chapter shall have precedence over all cases in court except criminal cases.
[ 2000 c 68 § 1; 1971 c 81 § 37; 1949 c 79 § 4; Rem. Supp. 1949 § 3991-9.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.050 - Trial—Damages to be found.

RCW 8.08.050
Trial—Damages to be found.
The jury selected to hear the evidence and determine the compensation to be paid to the owner or owners of such real estate or property to be appropriated for public use, shall be selected, impaneled and sworn in the same manner that juries in other civil actions are selected, impaneled and sworn, and in case a jury is waived, such compensation or damages shall be ascertained and determined by the court or judge thereof and the proceedings shall be the same as in trial of an issue of fact by the court. Upon the close of the evidence, 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 the compensation of damages and money that shall be paid to the owner or owners of the real estate or property sought to be appropriated, 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.
[ 1949 c 79 § 5; Rem. Supp. 1949 § 3991-10.]
NOTES:
Rules of court: CR 47, 48.
Juries, civil actions, selection, impaneling and swearing of: Chapters 2.36, 4.44 RCW.
Verdicts, civil actions: Chapter 4.44 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.060 - Judgment—Decree of appropriation.

RCW 8.08.060
Judgment—Decree of appropriation.
Upon the verdict of the jury or upon the determination of the court of the compensation or damages to be paid for the real estate or property appropriated, judgment shall be entered against such county in favor of the owner or owners of the real estate or property so appropriated for the amount found as just compensation therefor, and upon the payment of such amount by such county to the clerk of such court for the use of the owner or owners or the persons interested in the premises sought to be taken, the court shall enter a decree of appropriation of the real estate or property sought to be taken, thereby vesting the title to the same in such county; 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 § 258; 1949 c 79 § 6; Rem. Supp. 1949 § 3991-11.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.070 - Costs.

RCW 8.08.070
Costs.
All the costs of such proceedings in the superior court shall be paid by the county initiating such proceedings.
[ 1949 c 79 § 7; Rem. Supp. 1949 § 3991-12.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.080 - Appellate review.

RCW 8.08.080
Appellate review.
Either party may seek appellate review of the judgment for compensation of the damages awarded 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 justice of the amount of damage in respect to the parties to the review: PROVIDED, That upon such review no bonds shall be required: AND PROVIDED FURTHER, That if the owner of land, real estate, or premises accepts the sum awarded by the jury or the court, 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 § 259; 1988 c 202 § 9; 1971 c 81 § 38; 1949 c 79 § 8; Rem. Supp. 1949 § 3991-13.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.090 - Appropriation authorized in aid of federal or state improvement.

RCW 8.08.090
Appropriation authorized in aid of federal or state improvement.
Every county in this state is hereby, for the purposes of RCW 8.08.090 through 8.08.130, declared to be a body corporate and is authorized and empowered by and through its board of county commissioners whenever said board shall judge it to be clearly for the general welfare and benefit of the people of the county, and so far as shall be in harmony with the Constitution of this state and the provisions of RCW 8.08.090 through 8.08.130, to condemn and appropriate as hereinafter in RCW 8.08.090 through 8.08.130 provided and to dispose of for public use such lands, properties, rights and interests as are hereinafter in RCW 8.08.090 through 8.08.130 mentioned, whenever the government of the United States or of this state is intending or proposing the construction, operation or maintenance of any public work situated or to be situated wholly or partly within such county, or the expenditure of money or labor for the construction, operation or maintenance of any such work, and such condemnation or appropriation will enable the county to aid, promote, facilitate or prepare for any such construction, operation, maintenance or expenditure by either or both such governments, or to fulfill or dispose of any condition upon which such construction, operation, maintenance or expenditure is by law or from any cause contingent, and no property shall be exempt from such condemnation, appropriation or disposition by reason of the same having been or being dedicated, appropriated or otherwise reduced or held to public use.
[ 1895 c 2 § 1; RRS § 901.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.100 - Mode of appropriation.

RCW 8.08.100
Mode of appropriation.
The right of eminent domain for the purposes intended in RCW 8.08.090 through 8.08.130 is hereby extended to all counties in this state and every such county for any purpose of condemnation, appropriation or disposition such as is mentioned in RCW 8.08.090 is hereby authorized and empowered to condemn and appropriate all necessary lands and all rights, properties and interests in or appurtenant to land under the same procedure as is or shall be provided by the laws of this state for the case of any similar condemnation or appropriation by other corporations.
[ 1895 c 2 § 3; RRS § 903.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.110 - Tax levy to pay costs.

RCW 8.08.110
Tax levy to pay costs.
The board of county commissioners is hereby authorized and empowered in aid of the powers granted or prescribed in RCW 8.08.090 to levy, annually, a tax as large as may be necessary, but not exceeding the rate of one mill on the dollar, upon all the taxable property in the county, such tax to be assessed, levied and collected at the same time and in the same manner as taxes for general county purposes, but the proceeds of said taxes, when collected, shall constitute and be a special fund, applicable solely to the cost of such condemnation, appropriation or disposition, as is mentioned in RCW 8.08.090, and the expenses incident thereto.
[ 1895 c 2 § 2; RRS § 902.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.120 - Indebtedness is for general county purposes.

RCW 8.08.120
Indebtedness is for general county purposes.
Any county purpose mentioned in RCW 8.08.090 through 8.08.130 shall be deemed and held to be a general county purpose and any indebtedness contracted or to be contracted therefor shall be deemed and held to be an indebtedness for general county purposes, and all the provisions of law of this state relative to indebtedness for general county purposes or the contracting of such indebtedness or the bonds for funding the same shall be deemed applicable to any indebtedness contracted or to be contracted or any bonds issued by any county under RCW 8.08.090 through 8.08.130, but the accounts of the county with respect to the receipts and disbursements of all moneys received or disbursed by the county under the provisions of RCW 8.08.090 through 8.08.130 shall, for each condemnation, appropriation and disposition, be so kept as to clearly and fully exhibit such accounts separate and apart from the other accounts of the county.
[ 1895 c 2 § 4; RRS § 904.]
NOTES:
Public contracts and indebtedness: Title 39 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.08 - Eminent Domain by Counties. › 8.08.130 - Limitation.

RCW 8.08.130
Limitation.
Any condemnation, appropriation or disposition intended in RCW 8.08.090 through 8.08.130 shall be deemed and held to be for a county purpose and public use within the meaning of RCW 8.08.090 through 8.08.130 when it is directly or indirectly, approximately or remotely for the general benefit or welfare of the county or of the inhabitants thereof, or when it is otherwise within the meaning of the phrase "for a county purpose" as occurring in the Constitution of this state.
[ 1895 c 2 § 5; RRS § 905.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.005 - Condemnation final actions—Notice requirements.

RCW 8.12.005
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 § 4.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.010 - "City" defined.

RCW 8.12.010
"City" defined.
The term "city," when used in this chapter, means and includes every city and town and each unclassified city and town in the state of Washington.
[ 1915 c 154 § 20; RRS § 9272.]
NOTES:
Severability—1915 c 154: "An adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole or any part thereof." [ 1915 c 154 § 19; RRS § 9271.] This applies to RCW 8.12.010 through 8.12.560.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.020 - Other terms defined.

RCW 8.12.020
Other terms defined.
Whenever the word "person" is used in this chapter, the same shall be construed to include any company, corporation or association, the state or any county therein, and the words "city" or "town" wherever used, shall be construed to be either. Whenever the words "installment" or "installments" are used in this chapter, they shall be construed to include installment or installments of interest, as provided in RCW 8.12.420. Whenever the words "public markets" are used in this chapter and the public market is managed in whole or in part by a public corporation created by a city, the words shall be construed to include all real or personal property located in a district or area designated by a city as a public market and traditionally devoted to providing farmers, crafts vendors and other merchants with retail space to market their wares to the public. Property located in such a district or area need not be exclusively or primarily used for such traditional public market retail activities and may include property used for other public purposes including, but not limited to, the provision of human services and low-income or moderate-income housing.
[ 1990 c 189 § 2; 1925 ex.s. c 115 § 4; 1907 c 153 § 52; RRS § 9277. Prior: 1905 c 55 § 51; 1893 c 84 § 51.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.030 - Condemnation authorized—Purposes enumerated.

RCW 8.12.030
Condemnation authorized—Purposes enumerated.
Every city and town and each unclassified city and town within the state of Washington, is hereby authorized and empowered to condemn land and property, including state, county and school lands and property for streets, avenues, alleys, highways, bridges, approaches, culverts, drains, ditches, public squares, public markets, city and town halls, jails and other public buildings, and for the opening and widening, widening and extending, altering and straightening of any street, avenue, alley or highway, and to damage any land or other property for any such purpose or for the purpose of making changes in the grade of any street, avenue, alley or highway, or for the construction of slopes or retaining walls for cuts and fills upon real property abutting on any street, avenue, alley or highway now ordered to be, or such as shall hereafter be ordered to be opened, extended, altered, straightened or graded, or for the purpose of draining swamps, marshes, tidelands, tide flats or ponds, or filling the same, within the limits of such city, and to condemn land or property, or to damage the same, either within or without the limits of such city for public parks, drives and boulevards, hospitals, pesthouses, drains and sewers, garbage crematories and destructors and dumping grounds for the destruction, deposit or burial of dead animals, manure, dung, rubbish, and other offal, and for aqueducts, reservoirs, pumping stations and other structures for conveying into and through such city a supply of fresh water, and for the purpose of protecting such supply of fresh water from pollution, and to condemn land and other property and damage the same for such and for any other public use after just compensation having been first made or paid into court for the owner in the manner prescribed by this chapter.
[ 1915 c 154 § 1; 1907 c 153 § 1; RRS § 9215. Prior: 1905 c 55 § 1; 1893 c 84 § 1.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.040 - Ordinance to specify method of payment—Limitations.

RCW 8.12.040
Ordinance to specify method of payment—Limitations.
When the corporate authorities of any such city shall desire to condemn land or other property, or damage the same, for any purpose authorized by this chapter, such city shall provide therefor by ordinance, and unless such ordinance shall provide that such improvement shall be paid for wholly or in part by special assessment upon property benefited, compensation therefor shall be made from any general funds of such city applicable thereto. If such ordinance shall provide that such improvement shall be paid for wholly or in part by special assessment upon property benefited, the proceedings for the making of such special assessment shall be as hereinafter prescribed, in this chapter: PROVIDED, That no special assessment shall be levied under authority of this chapter except when made for the purpose of streets, avenues, alleys, or highways or alterations thereof or changes of the grade therein or other improvements in or adjoining the same, or for bridges, approaches, culverts, sewers, drains, ditches, public squares, public playgrounds, public parks, drives or boulevards or for the purpose of draining swamps, marshes, tide flats, tidelands or ponds or for filling the same: AND IT IS FURTHER PROVIDED, That when a street, avenue, highway or boulevard is established or widened to a width greater than one hundred and fifty feet the excess over and above the one hundred and fifty feet shall be paid out of the general fund of such city without any deduction for benefits of such excess.
[ 1925 ex.s. c 128 § 2; 1907 c 153 § 2; RRS § 9216. Prior: 1905 c 55 § 2; 1893 c 84 § 2.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.050 - Petition for condemnation.

RCW 8.12.050
Petition for condemnation.
Whenever any such ordinance shall be passed by the legislative authority of any such city for the making of any improvement authorized by this chapter or any other improvement that such city is authorized to make, the making of which will require that property be taken or damaged for public use, such city shall file a petition in the superior court of the county in which such land is situated, in the name of the city, praying that just compensation, to be made for the property to be taken or damaged for the improvement or purpose specified in such ordinance, be ascertained by a jury or by the court in case a jury be waived.
[ 1913 c 11 § 1; 1907 c 153 § 3; RRS § 9217. Prior: 1905 c 55 § 3; 1893 c 84 § 3.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.060 - Contents of petition.

RCW 8.12.060
Contents of petition.
Such petition shall contain a copy of said ordinance, certified by the clerk under the corporate seal, a reasonably accurate description of the lots, parcels of land and property which will be taken or damaged, and the names of the owners and occupants thereof and of persons having any interest therein, so far as known, to the officer filing the petition or appearing from the records in the office of the county auditor.
[ 1907 c 153 § 4; RRS § 9218. Prior: 1905 c 55 § 4; 1893 c 84 § 4.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.070 - Summons—Service.

RCW 8.12.070
Summons—Service.
Upon the filing of the petition aforesaid a summons, returnable as summons in other civil actions, shall be issued and served upon the persons made parties defendant, together with a copy of the petition, as in other civil actions. And in case any of them are unknown or reside out of the state, a summons for publication shall issue and publication be made and return and proof thereof be made in the same manner as is or shall be provided by the laws of the state for service upon absent defendants in other civil actions. Notice so given by publication shall be sufficient to authorize the court to hear and determine the suit as though all parties had been sued by their proper names and had been personally served.
[ 1907 c 153 § 5; RRS § 9219. Prior: 1905 c 55 § 5; 1893 c 84 § 5.]
NOTES:
Commencement of actions: Chapter 4.28 RCW.
Publication of
legal notices: Chapter 65.16 RCW.
notice in eminent domain proceedings: RCW 4.28.120.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.080 - Service when state or county lands are involved.

RCW 8.12.080
Service when state or county lands are involved.
In case the land, real estate, premises or other property sought to be appropriated or damaged is state, school or county land, the summons and copy of petition shall be served on the auditor of the county in which such land, real estate, premises or other property is situated. Service upon other parties defendant shall be made in the same manner as is or shall be provided by law for service of summons in other civil actions.
[ 1907 c 153 § 6; RRS § 9220. Prior: 1905 c 55 § 6; 1893 c 84 § 6.]
NOTES:
Service of process where state land is involved: RCW 8.28.010.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.090 - Waiver of jury—Adjudication of public use—Procedure.

RCW 8.12.090
Waiver of jury—Adjudication of public use—Procedure.
In any proceedings under this chapter wherein a trial by jury is provided for, the jury may be waived as in other civil cases in courts of record in the manner prescribed by law, and the matter may be heard and determined without the intervention of a jury. Whenever an attempt is made to take private property, for a use alleged to be public under authority of this chapter, the question whether the contemplated use be really public shall be a judicial question and shall be determined as such by the court before inquiry is had into the question of compensation to be made. When a jury is required for the determination of any matter under this chapter, such jury may be the same jury summoned for the trial of ordinary civil actions before the court, or the court may, in its discretion, issue a venire to the sheriff to summon as jurors such number of qualified persons as the court shall deem sufficient. Except as herein otherwise provided, the practice and procedure under this chapter in the superior court and in relation to the taking of appeals and prosecution thereof, shall be the same as in other civil actions, but all appeals must be taken within thirty days from the date of rendition of the judgment appealed from. Proceedings under this chapter shall have precedence of all cases in court except criminal cases.
[ 1907 c 153 § 51; RRS § 9276. Prior: 1905 c 55 § 50; 1893 c 84 § 50. Formerly RCW 8.12.090, 8.12.110 and 8.12.200, part.]
NOTES:
Juries, civil actions: Chapters 2.36, 4.44 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.100 - Trial—Jury—Right to separate juries.

RCW 8.12.100
Trial—Jury—Right to separate juries.
Upon the return of said summons, or as soon thereafter as the business of court will permit, the said court shall proceed to the hearing of such petition and shall impanel a jury to ascertain the just compensation to be paid for the property taken or damaged, but if any defendant or party in interest shall demand, and the court shall deem it proper, separate juries may be impaneled as to the compensation or damages to be paid to any one or more of such defendants or parties in interest.
[ 1907 c 153 § 7; RRS § 9221. Prior: 1905 c 55 § 7; 1893 c 84 § 7.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.120 - Interested party may be brought in.

RCW 8.12.120
Interested party may be brought in.
Such jury shall also ascertain the just compensation to be paid to any person claiming an interest in any lot, parcel of land, or property which may be taken or damaged by such improvement, whether or not such person's name or such lot, parcel of land, or other property is mentioned or described in such petition: PROVIDED, Such person shall first be admitted as a party defendant to said suit by such court and shall file a statement of his or her interest in and description of the lot, parcel of land, or other property in respect to which he or she claims compensation.
[ 2011 c 336 § 260; 1907 c 153 § 8; RRS § 9222. Prior: 1905 c 55 § 8; 1893 c 84 § 8.]
NOTES:
Rules of court: CR 17 through 25.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.130 - Jury may view premises.

RCW 8.12.130
Jury may view premises.
The court may upon the motion of such city or of any defendant direct that said jury (under the charge of any officer of the court and accompanied by such person or persons as may be appointed by the court to point out the property sought to be taken or damaged) shall view the lands and property affected by said improvement.
[ 1907 c 153 § 9; RRS § 9223. Prior: 1905 c 55 § 9; 1893 c 84 § 9.]
NOTES:
View of premises by jury: RCW 4.44.270.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.140 - Damages to building—Measure.

RCW 8.12.140
Damages to building—Measure.
If there be any building standing, in whole or in part, upon any land to be taken, the jury shall add to their finding of the value of the land taken the damages to said building. If the entire building is taken, or if the building is damaged, so that it cannot be readjusted to the premises, then the measure of damages shall be the fair market value of the building. If part of the building is taken or damaged and the building can be readjusted or replaced on the part of the land remaining, then the measure of damages shall be the cost of readjusting or moving the building, or the part thereof left, together with the depreciation in the market value of said building by reason of said readjustment or moving.
[ 1907 c 153 § 10; RRS § 9224. Prior: 1905 c 55 § 10; 1893 c 84 § 10.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.150 - Separate findings where there are several interests—Interpleader of adverse claimants.

RCW 8.12.150
Separate findings where there are several interests—Interpleader of adverse claimants.
If the land and buildings belong to different parties, or if the title to the property be divided into different interests by lease or otherwise, the damages done to each of such interests may be separately found by the jury on the request of any party. In making such findings, the jury shall first find and set forth in their verdict the total amount of the damage to said land and buildings and all premises therein, estimating the same as an entire estate and as if the same were the sole property of one owner in fee simple; and they shall then apportion the damages so found among the several parties entitled to the same, in proportion to their several interests and claims and the damages sustained by them respectively, and set forth such apportionment in their verdict. No delay in ascertaining the amount of compensation shall be occasioned by any doubt or contest which may arise as to the ownership of the property, or any part thereof, or as to the extent of the interest of any defendant in the property to be taken or damaged, but in such case, the jury shall ascertain the entire compensation or damage that should be paid for the property and the entire interests of all the parties therein, and the court may thereafter require adverse claimants to interplead, so as to fully determine their rights and interests in the compensation so ascertained. And the court may make such order as may be necessary in regard to the deposit or payment of such compensation.
[ 1907 c 153 § 11; RRS § 9225.]
NOTES:
Rules of court: CR 54.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.160 - Verdict—New trial—Continuance—New summons.

RCW 8.12.160
Verdict—New trial—Continuance—New summons.
Upon the return of the verdict the proceedings of the court regarding new trial and the entry of judgment thereon shall be the same as in other civil actions, and the judgment shall be such as the nature of the case shall require. The court shall continue or adjourn the case from time to time as to all occupants and owners named in such petition who shall not have been served with process or brought in by publication, and new summons may issue or new publication may be made at any time; and upon such occupants or owners being brought in, the court may impanel a jury to ascertain the compensation so to be made to such defendant or defendants for private property taken or damaged, and like proceedings shall be had for such purpose as herein provided.
[ 1907 c 153 § 12; RRS § 9226. Prior: 1905 c 55 § 11; 1893 c 84 § 11.]
NOTES:
Rules of court: CR 17 through 25, 54, 59.
Entry of judgment, civil actions: Chapter 4.64 RCW.
New trials, civil actions: Chapter 4.76 RCW.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.170 - Change of ownership—Powers of court.

RCW 8.12.170
Change of ownership—Powers of court.
The court shall have power at any time, upon proof that any such owner or owners named in such petition who has not been served with process has ceased to be such owner or owners since the filing of such petition, to impanel a jury and ascertain the just compensation to be made for the property (or the damage thereto) which has been owned by the person or persons so ceasing to own the same, and the court may upon any finding or findings of any jury or juries, or at any time during the course of such proceedings enter such order, rule, judgment or decree as the nature of the case may require.
[ 1907 c 153 § 13; RRS § 9227. Prior: 1905 c 55 § 12; 1893 c 84 § 12.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.190 - Findings by jury.

RCW 8.12.190
Findings by jury.
When the ordinance providing for any such improvement provides that compensation therefor shall be paid in whole or in part by special assessment upon property benefited, the jury or court, as the case may be, shall find separately:
(1) The value of land taken at date of trial;
(2) The damages which will accrue to the part remaining because of its severance from the part taken, over and above any local or special benefits arising from the proposed improvement. No lot, block, tract or parcel of land found by the court or jury to be so damaged shall be assessed for any benefits arising from such taking only;
(3) The gross damages to any land or property not taken (other than damages to a remainder, by reason of its severance from the part taken), and in computing such gross damages shall not deduct any benefits from the proposed improvement. Such finding by the court or jury shall leave any lot, block, parcel or tract of land, or other property subject to assessment for its proportion of any and all local and special benefits accruing thereto by reason of said improvement.
When such ordinance does not provide for any assessment in whole or in part on property specially benefited, the compensation found for land or property taken or damaged shall be ascertained over and above any local or special benefits from the proposed improvement.
Such city or town may offset against any award of the jury or court for the taking or damaging of any lot, block, tract or parcel of land or other property, any general taxes or local assessments unpaid at the time such award is made. Such offset shall be made by deducting the amount of such unpaid taxes and assessments at the time of payment of the judgment or issuance of a warrant in payment of such judgment.
[ 1909 c 210 § 1; 1907 c 153 § 15; RRS § 9229. Prior: 1905 c 55 § 15; 1893 c 84 § 15.]
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.200 - Judgment—Appellate review—Payment of award into court.

RCW 8.12.200
Judgment—Appellate review—Payment of award into court.
Any final judgment or judgments rendered by said court upon any finding or findings of any jury or juries, or upon any finding or findings of the court in case a jury be waived, shall be lawful and sufficient condemnation of the land or property to be taken, or of the right to damage the same in the manner proposed, upon the payment of the amount of such findings and all costs which shall be taxed as in other civil cases, provided that in case any defendant recovers no damages, no costs shall be taxed. Such judgment or judgments shall be final and conclusive as to the damages caused by such improvement unless appellate review is sought, and review of the same shall not delay proceedings under said ordinance, if such city shall pay into court for the owners and parties interested, as directed by the court, the amount of the judgment and costs, and such city, after making such payment into court, shall be liable to such owner or owners or parties interested for the payment of any further compensation which may at any time be finally awarded to such parties seeking review of said proceeding, and his or her costs, and shall pay the same on the rendition of judgment therefor, and abide any rule or order of the court in relation to the matter in controversy. 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 city, as aforesaid, shall remain in the custody of said superior court until the final determination of the proceedings. If the owner of the land, real estate, premises, or other property accepts the sum awarded by the jury or the court, he or she shall be deemed thereby to have waived conclusively appellate review and final judgment may be rendered in the superior court as in other cases.
[ 2011 c 336 § 261; 1993 c 14 § 1; 1988 c 202 § 10; 1971 c 81 § 39; 1907 c 153 § 16; 1905 c 55 § 16; 1893 c 84 § 16; RRS § 9230. FORMER PART OF SECTION: 1907 c 153 § 51, part; RRS § 9276, part, now codified in RCW 8.12.090. Prior: 1905 c 55 § 50; 1893 c 84 § 50, part.]
NOTES:
Effective date—1993 c 14: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 12, 1993]." [ 1993 c 14 § 2.]
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.210 - Title vests upon payment.

RCW 8.12.210
Title vests upon payment.
The court, upon proof that just compensation so found by the jury, or by the court in case the jury is waived, together with costs, has been paid to the person entitled thereto, or has been paid into court as directed by the court, shall enter an order that the city or town shall have the right at any time thereafter to take possession of or damage the property in respect to which such compensation shall have been so paid or paid into court as aforesaid, and thereupon, the title to any property so taken shall be vested in fee simple in such city or town.
[ 1907 c 153 § 17; RRS § 9231. Prior: 1905 c 55 § 17; 1893 c 84 § 17.]
NOTES:
Rules of court: CR 58.
2023 Revised Code of Washington › Title 8 - Eminent Domain › Chapter 8.12 - Eminent Domain by Cities. › 8.12.220 - Payment from general fund.

RCW 8.12.220
Payment from general fund.
When the ordinance under which said improvement is ordered to be made shall not provide that such improvement shall be made wholly by special assessment upon property benefited, the whole amount of such damage and costs, or such part thereof as shall not be assessed upon property benefited shall be paid from the general fund of such city or town, and if sufficient funds therefor are not already provided, such city or town shall levy and collect a sufficient sum therefor as part of the general taxes of such city or town, or may contract indebtedness by the issuance of bonds or warrants therefor as in other cases of internal improvements.
[ 1907 c 153 § 18; RRS § 9232. Prior: 1905 c 55 § 18; 1893 c 84 § 18.]