State ex rel. Moore v. Superior Court

Citations

• 100 Wash. 481
• 171 P. 248
• 1918 Wash. LEXIS 1235

Syllabus

<p>Eminent Domain—Proceedings—Abandonment—Evidence—Supeiciency. Abandonment of condemnation proceedings within a reasonable time after the return of the verdict for damages is shown, where it appears that a motion for a new trial was filed within two days, and before the same was heard, a new route was obtained and franchise therefor accepted, and a motion to dismiss the condemnation proceeding was made, all within about four months, which was a reasonable time, and the company later abandoned that part of its route, although pending motions dismissing the eminent domain proceeding were not finally disposed of for two years, the owners desiring to enforce the award as a money judgment.</p> <p>Same—Proceedings—Award—Title. An award in condemnation gives no vested right to the land and no vested right to the award, until, by payment, the condemning party has obtained the right to appropriate the land to its use.</p>