State ex rel. School District No. 56 v. Superior Court

Citations

• 69 Wash. 189
• 124 P. 484
• 1912 Wash. LEXIS 870

Syllabus

<p>Schools and School Districts—School Elections—Vote—Statutes. Rem. & Bal. Code, § 4664, providing that a school election for the purchase of school grounds shall be by ballot, is directory only, and the election is not invalidated by the fact that a standing vote was taken, in the absence of evidence that the election did not fairly represent the will of the electors.</p> <p>Statutes—Title and Subjects—Schools. The provision of the code of public instruction relating to the acquisition of school sites is germane to and within the title “an act providing for the maintenance of and relating to a general and uniform school system” of the state etc., where the act itself was very general and covered all manner of subjects relating to the public schools.</p> <p>Eminent Domain—Compensation — Statutes—Construction— School House Sites. Rem. & Bal. Code, § 913, providing that, upon the condemnation of a school site, the compensation to be paid the owner shall be the fair and full value of the premises does not limit the recovery to the naked value of the land, in violation of the constitution requiring payment of the value of the land taken and for any depreciation to the land not taken; since the statute is directory and contains no words of limitation confining the jury to the value of the land taken alone.</p> <p>Same—Public Use—School Play Grounds. The condemnation of land adjacent to a school house site, which the physical development of the school children required as a suitable place for recrea'tion and exercise, is for a public use and within the provision of the public schools.</p>