King County v. Crawford & Conover

Citations

• 92 Wash. 195
• 158 P. 733
• 1916 Wash. LEXIS 1125

Syllabus

<p>Eminent Domain — By County — Offset of Benefits — Statutes. In condemnation by a county for a county road, benefits to tbe property not taken may be offset against tbe market value of the land taken, under Const., art. 1, § 16, providing that no property shall be taken without just compensation and no right of way appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or paid, irrespective of any benefit from any improvement proposed by such corporation; as the county is a municipal corporation.</p> <p>Same. Such constitutional right is not taken from the county by Rem. & Bal. Code, § 5635, providing that the proceedings for condemnation of a county road shall be instituted “in the manner provided by law for the taking of private property for public use,” which by Id., §§ 921 and 926, provides for compensation irrespective of benefits.</p> <p>Same — Measure of Damages. In condemnation for a county road, an instruction that the owner is entitled to an award of damages based upon the highest and best use from a money standpoint to which the land was adapted or might be applied is improper, the measure of damages being the fair cash market value, taking into consideration any use to which it may reasonably be adapted.</p>