Roberts v. City of Seattle

Citations

• 63 Wash. 573
• 116 P. 25
• 1911 Wash. LEXIS 1246

Syllabus

<p>Eminent Domain — Pbopebty Subject — State School Lands. Rem. & Bal. Code, § 7768 et seg., is not unconstitutional in providing for the condemnation of lands granted by the United States to the state for school purposes; since the sale of school lands is authorized by Const., art. 1, § 16, providing that the same shall not be disposed of except for the full market value.</p> <p>Same — Lands Devoted to Public Use — University Grounds. A thirty-foot strip off the state university grounds may be condemned for a street, and it cannot be objected that it is already devoted to a public use, where there is nothing in the record to indicate that it was actually used by the university, and the record shows that the land remaining will be benefited thereby.</p> <p>Same — Objections—State Land in Use — Easements. That state lands were already in use as a street is no objection to condemnation proceedings to acquire the same for a permanent street; since an easement cannot be acquired upon state land.</p>