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· 3/2/1918

State ex rel. Grays Harbor Logging Co. v. Superior Court

Citations

  • 100 Wash. 485
  • 171 P. 238
  • 1918 Wash. LEXIS 1236

Syllabus

<p>Eminent Domain—Award of Damages—Appeal—Review—Scope. By Rem. Code, § 931, the only appeal in eminent domain proceedings is from the judgment awarding damages, and no question can he raised except the propriety and justness of the amount of the damages.</p> <p>Same—Decree of Public Necessity—Review — Certiorari. In eminent domain proceedings, the only method of reviewing the adjudication of public use is by writ of certiorari.</p> <p>Same—Decree of Appropriation—Review—Certiorari. In eminent domain proceedings the only method of reviewing the decree of appropriation,' if at all, is by writ of certiorari.</p> <p>Same—Review—Certiorari—Time for Application. A writ of review to review the judgment or order of necessity in an eminent domain case must be applied for within thirty days of the entry of the judgment.</p> <p>Same—Decree of Necessity—Finality. In eminent domain proceedings, the judgment or order of necessity is a final judgment.</p> <p>Same—Decree of Appropriation—Scope. The decree of appropriation in eminent domain proceedings is a collective judgment, incorporating the order of necessity and award, and vests title conditionally, unless the proceedings are abandoned.</p>

Judges: Chadwick, Ellis, Holcomb, Mobbis, Mount

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