State ex rel. Long v. Superior Court

Citations

• 80 Wash. 417

Syllabus

<p>Eminent Domain — Parties — Statutory Proceedings—Lessees. In providing the procedure for the exercise of the power of eminent domain, it was competent for the state, hy Rem. & Bal. Code, § 921, to require service only upon owners and persons interested in the land “so far as the same can he ascertained from the public records;” especially in view of Id., §§ 929-931 providing a method for determining conflicting interests or claims to the award; hence it is not necessary to bring in as parties defendant, lessees who failed to record their lease.</p> <p>Same—Proceedings—Award—Apportionment—Rights of Lessees. In eminent domain proceedings, where the award was for the full value of the land, lessees who failed to record their lease and therefore were not necessary parties, under Rem. & Bal. Code, § 921, have no claim against the petitioner, but must seek their proportion of the award under Id., §§ 929-931,</p> <p>Same — Award — Parties Concluded-—-Lessees With Notice. Where record owners of land defended eminent domain proceedings as holders of the full legal title, lessees who had not recorded their lease, and had not been made parties, are hound by the award, where they had notice of the suit and were present at the trial without asserting any claim or interest in the land.</p>