Aylmore v. City of Seattle

Citations

• 100 Wash. 515
• 171 P. 659
• 1918 Wash. LEXIS 784

Syllabus

<p>Limitation of Actions—Taking Property for Public Use—Actions for Compensation. The right of action by an owner to recover land or its value, when taken by a municipality for a public use, without making compensation, is not governed by the three-year statute of limitations, Rem. Code, § 159, subd. 1, relating to trespass upon real property; since the city acts in its sovereign capacity and not as a wrongdoer.</p> <p>Same. Nor is such right of action one for the recovery of consequential damages td property not appropriated, covered by the limitation of Rem. Code, § 165, relating to actions not otherwise provided for; since the land is not damaged, but taken; and the owner may maintain an action in the nature of ejectment to obtain substituted relief until his title to the land is lost by adverse possession.</p>