State ex rel. City of Cle Elum v. County of Kittitas

Citations

• 107 Wash. 326
• 173 P. 698
• 1919 Wash. LEXIS 1013

Syllabus

<p>Eminent Domain (29)—Property Subject — City Property. Since the right of eminent domain does not exist by implication but must be expressly given by statute, a county has no right to condemn, for a county road, city property either within or without the city limits; notwithstanding Rem. Code, § 5879-18, giving counties the right to condemn lands in a city for the construction of permanent highways, the act not authorizing the condemnation of property of the city.</p> <p>Same (29). The fact that property of a city is not now all being devoted to a public use does not authorize its condemnation by another public corporation.</p>