Lewis County v. Schobey

Citations

• 31 Wash. 357
• 1903 Wash. LEXIS 635

Syllabus

<p>EMINENT DOMAIN-APPROPRIATION OE LAND FOR DRAINAGE PURPOSES -SUFFICIENCY OF PETITION.</p> <p>A petition for condemnation of lands for ditch purposes, under Laws 1895, p. 142, is not demurrable for want of an averment that an offer to purchase was made prior to the beginning of suit, since the statute is in the alternative, and authorizes the county commissioners to either purchase or condemn.</p> <p>SAME.</p> <p>The petition in a proceeding instituted by county commissioners for the condemnation of land necessary for the construction of a ditch need not set forth in exhaustive detail all the steps taken by the commissioners, but is sufficient if it notifies defendants in plain and specific language of toe issues to be tried.</p> <p>SAME-DAMAGES-TO WHOM ASSESSABLE.</p> <p>A judgment awarding damages for the appropriation of land for ditch purposes against the ditch district, which might be an irresponsible party, instead of against the county in whose name the action was instituted, would work no injury to the person whose property was damaged, where the judgment provided that the proceedings should stand abated unless the damages were paid within a specified time.</p> <p>SAME — COSTS.</p> <p>Where proceedings for the appropriation of land for ditch purposes are instituted in the name of a county, but in reality for the benefit of a ditch district, which is the real party in interest, the district and not the county would be liable for the costs.</p>