Gray v. Ramsay

Citations

• 117 Wash. 255
• 200 P. 1074
• 1921 Wash. LEXIS 1009

Syllabus

<p>Eminent Domain (62) — Construction in Highway — Additional Servitude — Damages—Rights of Abutting Owners. The construction of an open ditch ten feet in width along a public highway for the purpose of draining private property is an additional servitude for which the abutting owners are entitled to compensation, under art. 1, § 16, of the constitution prohibiting the taking or damaging of private property without first making just compensation.</p> <p>On Rehearing.</p> <p>Drains (9) — Proceedings—Defenses—Effect of Injunction. A judgment enjoining a county from proceeding with the construction of a longitudinal drainage ditch along a highway on the ground that it would be an additional servitude necessitating condemnation does not preclude the county from proceeding to condemn a right of way for such ditch under the authority conferred by Laws 1921, ch. 160, § 3.</p>