Town of Redmond v. Perrigo

Citations

• 84 Wash. 407
• 146 P. 838
• 1915 Wash. LEXIS 795

Syllabus

<p>Eminent Domain — By Cities — Power—Statutes—Repeal. Cities and towns of any class are expressly authorized to condemn lands for the purpose of supplying a water system, by 3 Rem. & Bal. Code, § 8005, which supersedes Rem. & Bal. Code, § 7768, limiting such power to cities and towns having over 1,500 inhabitants.</p> <p>Same — By Cities — Procedure—Failure to Provide. In the absence of a law specifying the procedure, a town of less than 1,500 inhabitants, granted the right of eminent domain, may follow the procedure provided in the general condemnation act, Rem. & Bal. Code, §§ 921, 936, other cities and towns having been authorized to use such procedure.</p> <p>Same — Proceedings—Instructions—Measure of Damages. In a condemnation case, an instruction that the jury may take into consideration the market value of the land together with the amount of depreciation, if any, of the land not taken, and may consider and determine the depreciation by reason of the taking of water rights, and the value of the water rights taken, is correct and not open to the objection that it fails to state that the measure of damages is the difference between the value before and after the taking.</p> <p>Same — Appeal—Costs. A landowner, unsuccessfully appealing from an award in condemnation, is chargeable with the costs of the appeal.</p>