City of Spokane v. Pittsburg Land & Improvement Co.

Citations

• 73 Wash. 693
• 132 P. 633
• 1913 Wash. LEXIS 1662

Syllabus

<p>Eminent Domain — Municipal Corporations — Abandonment of Proceeding — Effect—Withdrawal of Abandonment. Under Rem. & Bal. Code, § 7787, providing for condemnation proceedings against one set of defendants to acquire land needed by a city, and § 7792, providing, in substance, a separate special proceeding against other defendants for the purpose of levying an assessment to pay for the land taken, and § 7816 providing that a city may discontinue and abandon condemnation proceedings at any time within two months after the award, by paying the defendants their costs, an abandonment and discontinuance, at first decided upon, is conclusively negatived where the city afterwards, within the two months, in effect withdrew the discontinuance and paid the judgments in full and the defendants in condemnation accepted the payments; since the city thereby acquired the property with the consent of the defendants in condemnation and the defendants in the special proceeding cannot object thereto.</p>