Lewis County v. McCutcheon

Citations

• 53 Wash. 367
• 101 P. 1083
• 1909 Wash. LEXIS 1330

Syllabus

<p>Eminent Domain — Drains—Statutes. Laws 1895, page 142, authorizes condemnation proceedings by a county to acquire a right of way for a drainage ditch completed under the unconstitutional act, Laws 1890, p. 652.</p> <p>Same — Limitations. Laws 1895, p. 270, limiting actions by municipal corporations to collect special assessments for any local improvement to ten years after delinquency of the assessment, applies to condemnation proceedings by a county to acquire a right of way for a drainage ditch, under Laws 1895, p. 142, constructed under a prior unconstitutional act; since such proceeding is a mere incident to the power to institute proceedings for the purpose of obtaining money to pay the costs incurred under the void act.</p> <p>Same — Construction of Drains Under Void Act — Limitations. A proceeding by a county under Laws 1895, p. 142, to provide for the payment of expenses incurred in constructing a drainage ditch under the unconstitutional act of 1890, must be commenced within a. reasonable time; and a delay of more than eleven years is unreasonable.</p>