City of Seattle v. McElwain

Citations

• 75 Wash. 375
• 134 P. 1089
• 1913 Wash. LEXIS 1723

Syllabus

<p>Municipal Corporations — Public Improvements- — -Assessments— Proceedings — Ordinances—Land Benefited. Under Rem. & Bal. Code, § 7790, authorizing the city council to define the assessment district for a local improvement and providing that no property shall be assessed in a greater amount than it will be actually benefited, and Id., §§ 7792-7796, providing for notice and hearing constituting in effect a separate proceeding upon the subject of assessments, and Id., § 7782, providing that property damaged cannot be assessed, the city council, in the preliminary ordinance for the condemnation of land to widen a street, may limit the assessment district to the tract of land from which the street is to be taken; and where the jury finds that the land not taken is not damaged, it may be assessed, to the extent of actual benefits received, to pay for the entire damages awarded for the land taken.</p> <p>Same — Proceedings—Hearing—Review. In such a case, the questions as to the extent of the benefits, and whether the same will pay the whole cost of the improvement, or the council abused its discretion in fixing the assessment district, cannot be prejudged by the court in the condemnation proceeding, but must be determined at the hearing of the assessment proceedings; and the preliminary ordinance is not invalid because it fails to show that the benefits will pay the entire costs.</p> <p>Municipal Corporations — Improvements — Damages from Original Grade of Street. A city is not liable for consequential damages to abutting property from the original grading of a street, where there was no encroachment upon the soil or removal of lateral support.</p>