North Coast Railroad v. Kraft Co.

Citations

• 63 Wash. 250
• 115 P. 97
• 1911 Wash. LEXIS 1185

Syllabus

<p>Eminent Domain — Damages—Leaseholds—Renewals—Value— Determination — Terms of Lease — Arbitration. Where a lease provided for a renewal for five years at a rental to be agreed upon or fixed by arbitrators, at the option of the lessee, and the fee was acquired by a public service corporation, which refused to consent to an extension for longer than eighteen months, and refused at all times to agree upon the rental or arbitrate the matter, but commenced a condemnation suit to appropriate the leasehold, the court cannot, eleven months after expiration of the original term, require an arbitration at that time within one day pending a stay of the trial, and in default thereof, take evidence and fix the value of the rental,-in disregard of the method prescribed in the lease, the lease contemplating an adjustment of the rent before the expiration of the original term.</p> <p>Same. In such case, the rights of the tenant in the condemnation suit can only be protected by adhering to the view that the rent reserved in the lease continued for the renewal term, especially in view of the fact that the relator’s agent demanded and collected one month’s rent at such rate, and the lessee tendered the same each month, while the relator at all times refused to comply with the terms of the lease requiring it to agree upon or arbitrate the matter of the rent.</p> <p>Same — Valve of Leasehold — Expense of Removal — Evidence. In proceedings to condemn a leasehold, while the lessee’s expense of moving to a new place and damage to stock and fixtures therefrom is not recoverable as specific items apart from the leasehold, evidence thereof is admissible as showing the value of the unexpired term.</p> <p>Same- — Restrictions in Lease. In proceedings to condemn a leasehold, the rental value of the unexpired term cannot be measured by “the highest and best use” of the premises, where the lease restricts its use to a specified business.</p> <p>Same — Measure of Damages to a Leasehold. In procee