State ex rel. Donofrio v. Humes

Citations

• 34 Wash. 347
• 75 P. 348
• 1904 Wash. LEXIS 357

Syllabus

<p>Eminent Domain — Municipal Corporations — Judgment Against City on Award — -Warrants in Satisfaction of Judgment — Fund Provided by Local Assessments not All Collected — Taking Possession by City. After a city bas condemned land tbe owners, upon satisfying tbe judgment received by them for its value, and presenting a transcript thereof pursuant to Bal. Code, § 5676, are entitled to a warrant against tbe fund provided for tbe redemption of sucb warrants, and tbe city is not excused from issuing such warrant by the fact that the fund therefor is not all collected, and that the city has not yet taken possession of the land.</p> <p>Same — Decree a Judgment — Interest. In proceedings to condemn land under the right of eminent domain, the decree of condemnation is a judgment drawing interest at the legal rate.</p> <p>Same — Interest on Award Regardless of Taking Possession— Failure to Discontinue Within Two Months — Election to Abide by Award. A city can not escape payment of interest upon a decree for the value of land condemned by the fact that it has not taken possession of the land, where it has failed to discontinue the proceedings within two months as required by Bal. Code, § 822, since thereby it elects to abide by the award and appropriate the property.</p> <p>Same — Interest on Award — Rents and Profits Collected by Owners to be Deducted from Interest. But where the owner has remained in possession of the land and received the rents and profits therefrom, he is not entitled to interest on the judgment until he makes an accounting and deducts the rents and profits received by him.</p>