State ex rel. Struntz v. Spokane County

Citations

• 85 Wash. 187
• 147 P. 879
• 1915 Wash. LEXIS 1267

Syllabus

<p>Eminent Domain — -Right of Pbopebty Ownee — Abandonment of Peoceedings. A decree in condemnation proceedings giving a county a right to appropriate land for a county road upon payment of the award is not an appropriation of the land, entitling the landowner to payment of the award; hence the county could not he forced to proceed to a consummation of the appropriation, when the county board, in the exercise of its legislative discretion, has decided to abandon proceedings; as the courts will not control discretion of a legislative character.</p> <p>Eminent Domain — Right of Pbopeety Ownee Undee Judgment of Appeopbiation. The entry of judgment on an award in condemnation proceedings gives no vested right, to the damages awarded, since the condemning party can obtain no vested right in the land until it has paid the award, and hence the other party can have no vested right in the award until, by its payment, title to the land is vested in the condemning party.</p>