State ex rel. Twiss v. Superior Court

Citations

• 93 Wash. 429

Syllabus

<p>Eminent Domain — Compensation Before Taking — Waiver—Injunction — Remedy in Damages. Where by consent entry upon land was made for the construction of a railroad under a verbal agreement as to the compensation, and the grade was completed and the right of way fenced off, with no steps taken to recover possession for two years, the owner waived his constitutional right to compensation in advance; hence injunction does not lie to restrain further work until compensation is made, but the owner is relegated to his action in damages.</p>