City of Tacoma v. Titlow

Citations

• 53 Wash. 217
• 101 P. 827
• 1909 Wash. LEXIS 1299

Syllabus

<p>Eminent Domain — Necessity—Determination oe Questions— Municipal Corporations — Necessity foe Streets. Where a city has .jurisdiction to extend its streets over tide lands, the decision of the proper municipal officers as to public use and necessity is conclusive, in the absence of fraud.</p> <p>Municipal Corporations — Streets—Extending Over Tide Lands Outside City. Where, pursuant to Const., art 15, § 1, harbor lines ¡are established in front of a city the corporate limits of which only extend to the line of ordinary high tide, the city has power to extend its streets over intervening tide lands to and across the reserved area, as expressly authorized by Const, art 15, § 3.</p> <p>Municipal Corporations — Streets—Condemnation Outside City —Appeal—Questions Presented — Payment of Award. Upon appeal from an order adjudging a public necessity for condemnation for a •street extension outside of the city, the question of the power of the •city to levy assessments on lands outside its limits to pay the award does not arise, as the award must be paid before the land is taken.</p>