State ex rel. Washington Public Service Co. v. Superior Court

Citations

• 86 Wash. 155
• 149 P. 652
• 1915 Wash. LEXIS 889

Syllabus

<p>Eminent Domain — Proceedings—Appeal—Bond—Necessity. Under the general condemnation act, Rem. & Bal. Code, § 931, providing that no bond on appeal shall be required of any person interested in the property sought to be condemned, an appeal or supersedeas bond is not required upon appeals from an award of damages in condemnation proceedings, and the general statute of appeals, Id., § 1721, requiring a bond on appeal to make the appeal effectual does not apply.</p> <p>Same — Proceedings—Compensation—Appeal — Possession Pending Appeal. Upon the condemnation of a water system of a public service corporation, the city electing to finance the acquisition under Rem. & Bal. Code, § 8008, without recourse to a general indebtedness, by creating a special fund derived from gross revenues and the issuance of bonds and warrants against the special fund, in which the jury awarded damages in the sum of $88,500, while the bond issue authorized by the vote of the people amounted to but $90,000, it cannot be assumed, on appeal from the award, that, upon a reversal and a new trial, a second verdict might be rendered in excess of the legally authorized indebtedness for which the property owner would have no redress, but it must be presumed until the contrary is shown that the trial by jury was fair and regular; hence Const., art. 1, § 16, guaranteeing that no property shall be taken or damaged without just compensation having been first made or paid into court and ascertained by a jury, is not violated by Rem. & Bal. Code, § 7783, providing that no appeal shall delay the proceedings if the city shall pay the amount of the award into court and that the city shall be liable to the owner for any further compensation that may he finally awarded to the party appealing, and § 7784, authorizing the city to take possession upon payment of the award; hence the property owner, on appealing from the award, is not entitled to a writ of prohibition staying the proceedings until the final hearing