Bellingham Bay & British Columbia Railroad v. Strand

Citations

• 14 Wash. 144
• 44 P. 140
• 1896 Wash. LEXIS 325

Syllabus

<p>CONDEMNATION PROCEEDINGS — RIGHT TO ABANDON — JUDGMENT — DAMAGES — INTEREST — ISSUE OE TITLE — ESTOPPEL.</p> <p>Where possession of land has been taken upon the institution of proceedings for its condemnation under the right of eminent domain, the proceedings cannot be afterwards dismissed, at any stage of the proceedings, by the one seeking the appropriation, unless at the same time an abandonment of possession is also tendered.</p> <p>Where land has been appropriated prior to the rendition of judgment the proper judgment in condemnation proceedings is one for the damages found and an award of execution for its collection.</p> <p>In condemnation proceedings, when no issue as to title has been raised, and the only question before the jury is as to the amount of the damages, the petitioner in the condemnation proceedings is estopped from raising the question of title in the appellate court, although the question may have been raised upon the cross-examination of a witness.</p> <p>Where possession has been taken of land under condemnation proceedings, the owner is entitled to interest upon the amount of damages awarded him from the date of the taking.</p> <p>The appropriation of land under condemnation proceedings will not entitle the owner, in the award of damages subsequently made, to a judgment including the value of houses erected on the land by the appropriator prior to the rendition of judgment in the condemnation proceedings.</p>