Pierce County v. Thompson

Citations

• 82 Wash. 440
• 144 P. 704
• 1914 Wash. LEXIS 1546

Syllabus

<p>Eminent Domain — Compensation—Set-Off of Benefits — Drainage Districts — Condemnation by Municipal Corporation — Public Nature of Use. Under Const., art. 1, § 16, providing that, on condemnation of rights of way, to the use of any corporation other than municipal, full compensation therefor must first be paid in money, irrespective of any benefits from any proposed improvement, it is proper to offset the benefits accruing to the property owners by reason of the improvement of a drainage district, as determined by a jury in condemnation proceedings for a right of way for a ditch, prosecuted by the county “in behalf of the proposed improvement district,” as provided in 3 Rem. & Bal. Code, § 4226-13, although Id., § 4226-14, further provides that the decree of appropriation vests the title in the county “for the benefit of the improvement district;” since the above quoted words mean no more than that the county takes the title to be used for ditches of the irrigation district just as a city takes condemned streets in aid of local improvement districts in trust for street purposes; and the nature of a drainage improvement district is not less public and is not differentiated because all its costs may be assessed against the district.</p>