City of Spokane v. Cowles

Citations

• 67 Wash. 539
• 121 P. 463
• 1912 Wash. LEXIS 1208

Syllabus

<p>Eminent Domain — Appeal—Right to Appeal — Waives — Payment oe Award — Cessation oe Controversy. A city cannot, after paying an award in condemnation proceedings into court, appeal therefrom, as the controversy has ceased, in view of Rem. & Bal. Code, § 7783, providing that an award of damages in condemnation proceedings shall be final unless appealed from, making payment Of the amount into court an indispensable condition of possession of the property, and providing that after payment, the city shall be liable to the owners for any further compensation which may be finally awarded to the parties appealing, and that acceptance of the sum awarded shall waive the right to appeal, whereupon final judgment may be rendered as in other cases, and Id., § 7784, providing that, upon payment of the award, title shall vest in the city, and Const., art. 1, § 16, prohibiting the taking of private property until compensation therefor in money shall be first ascertained and paid into court.</p>