Lewis County v. McGeorge

Citations

• 47 Wash. 414
• 92 P. 268
• 1907 Wash. LEXIS 778

Syllabus

<p>Eminent Domain—Drains—Proceedings Under Invalid 'Act— •Curative Statute—Damages. Where a drainage ditch was constructed across lands of the defendants under an act afterwards declared unconstitutional because it had not provided for compensation to the defendants, the legislature may pass a curative act providing-for condemnation of a right of way for the ditch theretofore ■constructed; and in such proceedings the defendants are not entitled to compensation for the ditch on the theory that it was constructed ■on their premises by the trespassers, where the rights of the parties are adjusted as nearly as possible according to' natural justice; •since the legislature could protect the equitable interests of the parties constructing the ditch.</p>