City of Spokane v. Colby

Citations

• 16 Wash. 610
• 48 P. 248
• 1897 Wash. LEXIS 367

Syllabus

<p>EMINENT DOMAIN — APPROPRIATION OE LAND—IMPOSITION OE ADDITIONAL BURDEN—RIGHT TO DAMAGES.</p> <p>If an additional element of damage is imposed upon land appropriated under the power of eminent domain, which was not taken into consideration by the jury in making their award in the condemnation proceedings, the owner cannot be deprived of damages therefor by reason of the prior condemnation.</p> <p>Where land has been condemned for the purpose of securing a right of way to lay and maintain a pipe line to connect a city’s pumping station with its distributing station, in order to supply the inhabitants of the city with water, the erection of poles on such right of way and stretching wires from them for the construction of a telephone line between such stations, constitutes an additional burden, though the telephone line may be necessary for the proper operation and maintenance of the pipe line.</p>