SENATE BILL REPORT

                            HB 1079

   AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 23, 1993

Brief Description:  Correcting an error in procedure for review of eminent domain judgments.

SPONSORS: Representatives Appelwick, Padden, Ludwig, Orr, Basich and Johanson; by request of Law Revision Commission

HOUSE COMMITTEE ON JUDICIARY

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass. 

     Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Staff:  Tom McBride (786‑7448)

Hearing Dates: March 19, 1993; March 23, 1993

BACKGROUND:

In 1988, the Legislature revised the laws concerning appellate procedure.  One section of the bill concerned appellate review of final judgments in eminent domain proceedings by cities.  The former law provided that appeals from final judgments in eminent domain proceedings could not delay the condemnation or improvement of the property under the ordinance if the city paid into court for the interested parties, the amount of the judgment and costs.  The city would also be liable for further compensation if the condemnation's opponents prevailed on appeal.

In the 1988 revision, the provision was inadvertently rewritten to provide that if appellate review is sought, the review "shall delay proceedings under said ordinance, if such city shall pay into court for the owners and parties interested, as directed by the court, the amount of the judgment and costs . . ."

The Law Revision Commission proposes to correct the inadvertent error.

SUMMARY:

An inadvertent error in the Revised Code of Washington is corrected.  If appellate review is sought from a final judgment in an eminent domain proceeding, the review shall not delay proceedings under the city ordinance, if the city pays into court for the owners and interested parties the amount of the judgment and costs.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

Effective Date:  The bill contains an emergency clause and takes effect immediately.

TESTIMONY FOR:  None

TESTIMONY AGAINST:  None

TESTIFIED:  No one