H-0423.1  _______________________________________________

                          HOUSE BILL 1402

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Fisher, K. Schmidt, Regala, Carrell, Lantz and McDonald

Read first time 01/25/1999.  Referred to Committee on Judiciary.

Assigning priority to county condemnation proceedings in superior court.

    AN ACT Relating to the priority of county condemnation proceedings in superior courts; and amending RCW 8.08.040.

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

    Sec. 1.  RCW 8.08.040 and 1971 c 81 s 37 are each amended to read as follows:

    At the time and place appointed for hearing said petition, or to which the same may have been adjourned, if the court or judge thereof shall have satisfactory proof that all parties interested in the land, real estate, premises or other property described in said petition have been duly served with said notice as prescribed herein, and shall be further satisfied by competent proof that the contemplated use for which the lands, real estate, premises, or other property sought to be appropriated is a public use of the county, the court or judge thereof may make and enter an order adjudicating that the contemplated use is really a public use of the county, and which order shall be final unless review thereof to the supreme court or the court of appeals be taken within five days after entry of such order, adjudicating that the contemplated use for which the lands, real estate, premises or other property sought to be appropriated is really a public use of the county, and directing that determination be had of the compensation and damages to be paid all parties interested in the land, real estate, premises, or other property sought to be appropriated for the taking and appropriation thereof, together with the injury, if any, caused by such taking or appropriation to the remainder of the lands, real estate, premises, or other property from which the same is to be taken and appropriated, after offsetting against any and all such compensation and damages, special benefits, if any, accruing to such remainder by reason of such appropriation and use by the county of such lands, real estate, premises, and other property described in the petition; such determination to be made by a jury, unless waived, in which event the compensation or damages shall be determined by the court without a jury.  Superior courts shall ensure that proceedings under this chapter take precedence over all other superior court cases except criminal cases.

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