H-1414.1  _______________________________________________

                          HOUSE BILL 2179

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State of Washington      56th Legislature     1999 Regular Session

By Representative Wensman

Read first time 02/17/1999.  Referred to Committee on Judiciary.

Awarding costs in an action for a private way of necessity.

    AN ACT Relating to private ways of necessity; and amending RCW 8.24.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 8.24.030 and 1988 c 129 s 3 are each amended to read as follows:

(1) The procedure for the condemnation of land for a private way of necessity or for drains, flumes or ditches under the provisions of this chapter shall be the same as that provided for the condemnation of private property by railroad companies, but no private property shall be taken or damaged until the compensation to be made therefor shall have been ascertained and paid as provided in the case of condemnation by railroad companies.

(2) In any action brought under the provisions of this chapter for the condemnation of land for a private way of necessity, reasonable attorneys' fees and expert witness costs may be allowed by the court to reimburse the condemnee in the event of any of the following:

(a) If the condemnor fails to make any written offer in settlement to the condemnee at least thirty days prior to commencement of the action; or

(b) If the judgment awarded as a result of the action exceeds by ten percent or more the highest written offer in settlement submitted to those condemnees appearing in the action by the condemnor in effect thirty days before the trial.

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