State ex rel. Urquhart v. Superior Court

Citations

• 112 Wash. 34
• 191 P. 416
• 1920 Wash. LEXIS 653

Syllabus

<p>Eminent. Domain (14, 39)—State Highways—Necessity of Appropriation—Evidence—Sufficiency. The evidence shows a reasonable necessity for a proposed state highway through farming lands of the relators, where it appears that the use of the present county roadway through a small town would entail the expenditure of large sums in the building of a viaduct and bridges, that the proposed route is a half mile shorter and eliminates excessive grades, curves and two railroad crossings at grade, and that the Federal government refused to aid in the enterprise should adverse plans proposed by the county be adopted.</p> <p>Same (14, 39)—Location of Route—Necessity'—-Appropriation Act—Statutes. The act of 1919, ch. 92, p. 223, appropriating funds for the construction of that part of the North Central Highway between Harrington and Wilson Creek, does not preclude use of the funds in the .construction of the highway along a proposed route that does not run through the town of Wilson Creek; since the locating act, Laws of, 1919, ch. 110, p. 268, omitted any mention of Wilson Creek and merely provided for the most feasible route between Ephrata and Krupp, and the evidence showed no feasible route to which the appropriation relates that will reach nearer the corporate limits of Wilson Creek than the route selected.</p> <p>Same (104)—Proceedings'—Conditions Precedent—Location of Road—Statutes. Rem. Code, § 5870, providing that no appropriation for the construction of a state road shall be expended thereon until the state highway board shall have declared the road feasible and approved maps, plans and specifications submitted by the highway commissioner after survey of the entire length of such highway and the making of outline and profile maps, must be held to be modified by the act of 1919, ch. 92, p. 223, making appropriation for the purpose of meeting the cost of constructing only specified parts of the state’s highways.</p>