City of Seattle v. Byers

Citations

• 54 Wash. 518
• 103 P. 791
• 1909 Wash. LEXIS 1027

Syllabus

<p>Eminent Domain — Necessity for Streets — Determination by City Council. The city council is the proper authority for deciding the necessity of condemning land for a public street.</p> <p>Same — Condemnation for Streets — Public Use. When the city council has determined by ordinance that the taking of certain property is necessary for the purposes of a public street, and directed its condemnation, the court must find that the taking is for a public use, although Const., art 1, § 16, makes the question a judicial question only.</p> <p>Same — Damages—Evidence—Remoteness. In condemnation proceedings of a strip of land between a street and a cul de sac, evidence of the value which the land would have if the cul de sac should be vacated in the future, is inadmissible on the subject of damages; being too remote and speculative.</p>