State ex rel. Skamania Boom Co. v. Superior Court

Citations

• 47 Wash. 166
• 91 P. 637
• 1907 Wash. LEXIS 731

Syllabus

<p>Eminent Domain—Land Devoted to Public Use—Reasonable Necessity. A railroad company has the power t'o condemn a right of way across the lands of a boom company already devoted to a public use, if a reasonable necessity exists therefor; and such necessity is shown where it appears that to go around the defendant’s lands would necessitate the building of the road out in the Columbia river, in a strong current, which would be unsafe and very expensive, while the use of defendant’s lands as a holding ground for logs would not be entirely destroyed by the condemnation, and there had been occasion for such use only for a few weeks during the last eight years.</p> <p>Same—Proceedings—Conditions Precedent. Under Bal. Code, § § 4334, 4335, it is not a condition precedent to condemnation proceedings by a railroad company (except in case of railroad crossings) that the company should attempt to agree with the owner as to the compensation to .be paid for land already devoted to a public use.</p> <p>Same. An attempt to agree with the owner as to compensation is not a condition precedent to condemnation proceedings, where it appears that such attempt would be fruitless.</p>