Seattle v. Wald

Citations

• 77 Wash. 91
• 137 P. 435
• 1913 Wash. LEXIS 1900

Syllabus

<p>Eminent Domain — Damages—Special Benefits — Offset. . In eminent domain proceedings by a city, in which the damages are to be paid from the general fund, benefits may be offset against the damages, under the express provisions of Rem. & Bal. Code, § 7782.</p> <p>Same — Benefits-—Offset. Benefits may be offset against the damages on condemnation of property by a- city at the expense of the general fund, without violating any constitutional rights of the property owner.</p> <p>Same — Benefits — Offset — Evidence — Admissibility. Benefits may be offset against the damages on condemnation of property by a city at the expense of the general fund, although the benefits resulted from improvements to follow which were not provided for in the condemnation ordinance, where competent evidence established the nature and extent of such improvements with reasonable certainty, and that they would be completed within a reasonable time, and that the two proceedings constituted one united object.</p> <p>Same — Adjudication—Conclusiveness—Matters Concluded. The condemnation of land for a boulevard, is not an adjudication affecting the right of the city to offset benefits in subsequent condemnation proceedings to acquire additional rights incident to the improvement of the boulevard.</p> <p>Same — Benefits—Offset—Apportionment. In offsetting benefits against damages in eminent domain proceedings by a city, only the special benefits peculiar to particular property can be considered, and there can be no question as to the apportionment of the benefits between separate properties.,</p> <p>Same — Damages—Benefits—Offset — Evidence — Admissibility. Upon the question of the amount of benefits to he offset against the damages in eminent domain proceedings by a city, it is competent to show the amounts which would have been chargeable against the property upon a special assessment plan for the same improvement.</p> <p>Same — Benefits—Offset—Separate Tracts. Benefits to one lot cannot be off