Adams County v. Dobschlag

Citations

• 19 Wash. 356
• 53 P. 339
• 1898 Wash. LEXIS 382

Syllabus

<p>EMINENT DOMAIN — COSTS IN CONDEMNATION PROCEEDINGS — CONSTITU- , TIONAD LAW.</p> <p>Section 17, Laws 1895, p. 88 (Bal. Code, § 3787), providing that when condemnation proceedings are instituted against any person to whom tender has been made, and such person shall fail to> recover judgment for a greater sum than the amount tendered* all costs of such condemnation proceedings shall be taxed against him, is void, since it is in conflict with art. 1, § 16, of the constitution, which provides that private property shall not be tahen or damaged for public or private use without just compensation having been first made, or paid into court for the owner; for the reason that under such constitutional guaranty costs cannot be taxed against a non-consenting owner in condemnation proceedings.</p>