City of Walla Walla v. Davin

Citations

• 83 Wash. 281
• 145 P. 179
• 1915 Wash. LEXIS 1224

Syllabus

<p>Municipal Cobpobations — Improvements—Proceedings—Notice—• Constitutional Law — Due Process. Under Rem. & Bal. Code, §§ 7772 and 7792, making eminent domain proceedings to condemn property for a local improvement and the proceedings to assess the benefits therefrom two entirely separate proceedings so far as acquiring jurisdiction and the questions involved are concerned, owners in the district assessed for benefits, but whose lands are not taken, are not deprived of property without due process of law in that they were not served with notice of the condemnation proceedings or given an opportunity to be heard therein; notwithstanding that the jury in such a proceeding is authorized to find the damages to the defendants for land taken and to the balance of their lands not taken after offsetting the benefits, thereby precluding the assessment of such lands not taken.</p> <p>Same — Improvements—Assessment of Benefits — Exemptions— Proceedings. An award of damages in eminent domain proceedings to take land for street purposes, after fixing the amount for the land taken, reciting “For damages to remaining land by reason of severance, $150,” must, in the light of instructions directing the jury to offset the benefits against such damages, be construed as a net damage over and above special benefits, exempting the land from assessment, as authorized by Rem. & Bal. Code, § 7782.</p>