In re City of Seattle

Citations

• 115 Wash. 535
• 197 P. 784
• 1921 Wash. LEXIS 1068

Syllabus

<p>Eminent Domain (125)—Damages—Evidence—Admissibility. In eminent domain proceedings for the acquisition of property for street purposes, where the ordinance providing for the improvement does not establish the grade, evidence is admissible to show what would be a reasonable grade of the proposed street, for the purpose of determining the damages to the property not taken, in consonance with the constitutional prohibition (Const., art. 1, § 16) that private property shall not be “taken or damaged” for public use without just compensation (Overruling Seattle v. McElwain, 75 Wash. 375, 134 Pac. 1089, and Seattle v. Dexter Horton T. £ Sav. Banh, 90 Wash. 661, 156 Pac. 844).</p> <p>Municipal Corporations (134, 135)—Improvements—Ordinance— Poem and Requisites. While an ordinance providing for a street improvement may cover both the condemnation proceeding and the matter of the assessment, the two proceedings are in effect separate and distinct, even though conducted in the same cause under the same title, since the purpose of one is not the same as that of the other nor the parties necessarily the same.</p>