Revised Code of Washington - RCW Title 8 Eminent Domain - Chapter 8.12 Eminent Domain By Cities

  • 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 ...
  • 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 ...
  • 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 ...
  • 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, ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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, ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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, ...
  • 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 ...
  • 8.12.230 Payment by special assessment
    When such ordinance under which said improvement shall be ordered, shall provide that such improvement shall be paid for, in whole or in part, by ...
  • 8.12.240 Petition for assessment -- Appointment of commissioners
    Such city may file in the same proceeding a supplementary petition, praying the court that an assessment be made for the purpose of raising an ...
  • 8.12.250 Advancement from general funds against assessments
    If any city or town shall desire to take possession of any property or do any damage or proceed with any improvement, the compensation for ...
  • 8.12.260 Appointment of board of eminent domain commissioners -- Terms of office
    At any time after June 11, 1907, any such city may petition the superior court of the county in which said city is situated, that ...
  • 8.12.270 Oath of commissioners -- Compensation
    All commissioners, before entering upon their duties shall take and subscribe an oath that they will faithfully perform the duties of the office to which ...
  • 8.12.280 Duties of commissioners -- Assessment of benefits -- Apportionment
    It shall be the duty of such commissioners to examine the locality where the improvement is proposed to be made and the property which will ...
  • 8.12.290 Assessment roll
    Such commissioners in each proceeding shall also make or cause to be made an assessment roll in which shall appear the names of the owners, ...
  • 8.12.300 Hearing on assessment roll -- Notice
    After the return of such assessment roll, the court shall make an order setting a time for the hearing thereof before the court, which day ...
  • 8.12.310 Proof of service
    On or before the final hearing, the affidavit of one or more of the commissioners shall be filed in said court, stating that they have ...
  • 8.12.320 Continuance of hearing
    If twenty days shall not have elapsed between the first publication or the posting of such notices and the day set for hearing, the hearing ...
  • 8.12.330 Objections to assessment roll
    Any person interested in any property assessed may without payment of any fee to the clerk of court file objections to such report at any ...
  • 8.12.340 Modification of assessment
    The court before which any such proceedings may be pending shall have authority at any time before final judgment to modify, alter, change, annul or ...
  • 8.12.350 Judgment, effect -- Lien
    The judgment of the court shall have the effect of a separate judgment as to each tract or parcel of land or other property assessed, ...
  • 8.12.360 Certification of roll to treasurer
    The clerk of the court in which such judgment is rendered shall certify a copy of the assessment roll and judgment to the treasurer of ...
  • 8.12.370 Treasurer's notice to pay when assessments immediately payable
    Whenever the assessment for any such improvement shall be immediately payable, the owner of any such lot, tract or parcel of land or other property ...
  • 8.12.380 Notice by mail -- Penalty for default
    It shall be the duty of the city treasurer into whose hands such judgment and assessment roll shall come, to mail notices of such assessment ...
  • 8.12.390 Bonds authorized
    The city council or other legislative body of any city may, in their discretion, provide by ordinance for the payment of the whole or any ...
  • 8.12.400 Maturity -- Interest -- Payment
    (1) Such bonds shall be issued only in pursuance of ordinances of the city directing the issuance of the same, and by their terms shall ...
  • 8.12.410 Sale -- Application of proceeds
    (1) The bonds issued under the provisions of this chapter or any portion thereof may be sold by any authorized officer or officers of the ...
  • 8.12.420 Installment payment of assessments
    In all cases where any city shall issue bonds as provided for in this chapter, the whole or any portion of the separate assessments for ...
  • 8.12.430 Notice to pay -- Due date of installments -- Penalty -- Interest
    Whenever the assessment for any such improvement shall be payable in installments, the owner of any lot, tract, or parcel of land or other property ...
  • 8.12.440 Bond owner may enforce collection
    If the city shall fail, neglect or refuse to pay said bonds or to promptly collect any such assessments when due, the owner of any ...
  • 8.12.450 Bondholder's remedy limited to assessments
    Neither the holder nor owner of any bond issued under the authority of this chapter shall have any claim therefor against the city by which ...
  • 8.12.460 Payment of bonds -- Call -- Notice
    The city treasurer shall pay the interest on the bonds authorized to be issued by this chapter out of the respective local improvement funds from ...
  • 8.12.470 Enforcement of collection -- Interest on delinquency
    Wherever any assessment or installment thereof shall become delinquent, the city treasurer shall enforce the collection thereof in the same manner as provided in chapter ...
  • 8.12.480 Assessment fund to be kept separate
    All moneys collected by the treasurer upon assessments under this chapter shall be kept as a separate fund and shall be used for no other ...
  • 8.12.490 Record of payment and redemption
    Whenever before the sale of any property the amount of any assessment thereon, with interest and costs accrued thereon, shall be paid to the treasurer, ...
  • 8.12.500 Liability of treasurer
    If the treasurer shall receive any moneys for assessments, giving a receipt therefor, for any property and afterwards return the same as unpaid, or shall ...
  • 8.12.510 Reassessment
    If any assessment be annulled or set aside by any court, or be invalid for any cause, a new assessment may be made, and return ...
  • 8.12.520 Lien of assessment -- Enforcement by civil action
    All the assessments levied by any city under this chapter shall, from the date of the judgment confirming the assessment be a lien upon the ...
  • 8.12.530 Discontinuance of proceedings
    At any time within six months from the date of rendition of the last judgment awarding compensation for any such improvement in the superior court, ...
  • 8.12.540 Subsequent compensation for property taken or damaged
    If any city has heretofore taken or shall hereafter take possession of any land or other property, or has damaged or shall hereafter damage the ...
  • 8.12.550 Regrade assessments
    If any street, avenue or alley, or the right to use and control the same for purposes of public travel, shall belong to any city ...
  • 8.12.560 Construction as to second-class cities
    In so far as this chapter relates to cities of the second-class, this chapter shall not be deemed to be exclusive or as repealing or ...
  • 8.12.570 Condemnation for military purposes
    See RCW 8.04.170. ...
  • 8.12.580 Appointment of guardian ad litem for minors, alleged incapacitated persons -- Protection of interests
    See RCW 8.25.270. ...

Last modified: April 7, 2009