Gasaway v. City of Seattle

Citations

• 52 Wash. 444
• 100 P. 991
• 1909 Wash. LEXIS 1137

Syllabus

<p>Eminent Domain — Proceedings—Process—Waiver of Objections to Service. In eminent domain proceedings by a city, objection to the sufficiency of the service of process upon the owner will not be considered after the assignee of the owner has accepted and received the award of compensation for the land taken.</p> <p>Eminent Domain — Nature—^Strict Public Use — Effect—Taxation — Discharge of Tax Lien. The power to condemn land for the use of the state being an attribute of sovereignty, recognized, not granted by the constitution, the state may provide for condemnation for a strict, as distinguished from a quasi public use, that will discharge the land from liens for unpaid taxes.</p> <p>Eminent Domain — Proceedings—Necessary Parties. A proceeding to condemn property is in rem, and the only necessary parties are those named by the statute.</p> <p>Same — “Persons Interested” — County Holding Tax Lien — Statutes — Construction. Under Laws 1903, p. 189, providing that a' condemnation by a city of the first class shall proceed against the owners and occupants of the land and “persons having an interest therein so far as known to the officer filing the petition or appearing from the records in the office of the county auditor,” a county having a lien for taxes assessed and unpaid is not a necessary party defendant, since the city is not obliged to go beyond the knowledge of its officer and the county auditor’s records, and the county is not a “person interested” within the meaning of the act.</p> <p>Taxation — Vested Rights — Public Property — Discharge of Lien by Eminent Domain Proceedings. As there can be no vested right to enforce the collection of taxes, and as public property is not subject to taxation, a county cannot enforce a tax lien against property after it is relieved therefrom by the state’s taking the same over as public property under eminent domain proceedings.</p>