H-4229 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 2467
_______________________________________________
State of Washington 51st Legislature 1990 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Padden, Appelwick, Dellwo and R. Meyers; by request of Office of the Administrator for the Courts)
Read first time 1/31/90.
AN ACT Relating to juries; amending RCW 8.04.100, 8.08.010, 8.12.050, 8.12.090, 8.16.060, 85.05.120, and 36.24.030; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 5, chapter 213, Laws of 1955 and RCW 8.04.100 are each amended to read as follows:
At the time
of fixing the date for trial by jury in any case the court may, on application
of the petitioner, order that any one or more condemnation cases then pending
before the court and requiring determination by a jury of the compensation and
damages as aforesaid be consolidated and tried before one and the same jury but
with a separate award to be made in each case. If ((necessary, the sheriff,
under direction of)) a jury is required the court or judge thereof,
shall ((summon as many qualified persons as may be required to complete the
jury)) direct that a jury panel be selected and summoned pursuant to
chapter 2.36 RCW from citizens of the county where such lands, real estate,
premises or other property sought to be appropriated are situated.
Sec. 2. Section 1, chapter 79, Laws of 1949 and RCW 8.08.010 are each amended to read as follows:
Every county is hereby authorized and empowered to condemn land and property within the county for public use; whenever the board of county commissioners deems it necessary for county purposes to acquire such land, real estate, premises or other property, and is unable to agree with the owner or owners thereof for its purchase, it shall be the duty of the prosecuting attorney to present to the superior court of the county in which said land, real estate, premises, or other property so sought to be acquired or appropriated shall be situated, a petition in which the land, real estate, premises, or other property sought to be appropriated shall be described with reasonable certainty, and setting forth the name of each and every owner, encumbrancer, or other person or party interested in the same, or any part thereof, so far as the same can be ascertained from the public records, the object for which the land is sought to be appropriated, and praying that a jury of twelve persons, unless the parties to the proceedings consent to a less number, be impaneled to ascertain and determine the compensation to be made in money to such owner or owners respectively, and to all tenants, encumbrancers, or others interested, for taking such lands, real estate, premises, or other property, or in case a jury be waived, as in other civil cases in courts of record, in the manner prescribed by law, then that the compensation to be made as aforesaid be ascertained or determined by the court or the judge thereof.
Sec. 3. Section 3, chapter 153, Laws of 1907 as amended by section 1, chapter 11, Laws of 1913 and RCW 8.12.050 are each amended to read as follows:
Whenever any such ordinance shall be passed by the legislative authority of any such city for the making of any improvement authorized by this chapter or any other improvement that such city is authorized to make, the making of which will require that property be taken or damaged for public use, such city shall file a petition in the superior court of the county in which such land is situated, in the name of the city, praying that just compensation, to be made for the property to be taken or damaged for the improvement or purpose specified in such ordinance, be ascertained by a jury of twelve persons, unless the parties to the proceedings consent to a less number, or by the court in case a jury be waived.
Sec. 4. Section 51, chapter 153, Laws of 1907 and RCW 8.12.090 are each amended to read as follows:
In any
proceedings under this chapter wherein a trial by jury is provided for, the
jury may be waived as in other civil cases in courts of record in the manner
prescribed by law, and the matter may be heard and determined without the
intervention of a jury. Whenever an attempt is made to take private property, for
a use alleged to be public under authority of this chapter, the question
whether the contemplated use be really public shall be a judicial question and
shall be determined as such by the court before inquiry is had into the
question of compensation to be made. When a jury is required for the
determination of any matter under this chapter, ((such jury may)) the
judge may direct that a jury panel be ((the same jury)) selected
and summoned ((for the trial of ordinary civil actions before the court,
or the court may, in its discretion, issue a venire to the sheriff to summon as
jurors such number of qualified persons as the court shall deem sufficient))
pursuant to chapter 2.36 RCW. Except as herein otherwise provided, the
practice and procedure under this chapter in the superior court and in relation
to the taking of appeals and prosecution thereof, shall be the same as in other
civil actions, but all appeals must be taken within thirty days from the date
of rendition of the judgment appealed from. Proceedings under this chapter
shall have precedence of all cases in court except criminal cases.
Sec. 5. Section 6, chapter 111, Laws of 1903 as amended by section 6, page 373, Laws of 1909 and RCW 8.16.060 are each amended to read as follows:
The jury
impaneled to hear the evidence and determine the compensation to be paid to the
owner or owners of such real estate desired for such schoolhouse site purpose
shall consist of twelve persons unless a less number be agreed upon, and shall
be selected and summoned pursuant to chapter 2.36 RCW, and
impaneled and sworn in the same manner that juries in other civil actions are
((selected,)) impaneled and sworn, provided a juror may be challenged
for cause on the ground that ((he)) the juror is a taxpayer of
the district seeking the condemnation of any real estate.
Sec. 6. Section 12, chapter 117, Laws of 1895 and RCW 85.05.120 are each amended to read as follows:
Any or all
of said defendants may appear jointly or separately, and admit or deny the
allegations of said petition, and plead any affirmative matter in defense
thereof, 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 of the defendants in said action have been duly
served with said summons, as above provided, and shall be further satisfied by
competent proof that said improvement is practicable, and conducive to the
public health, welfare and convenience, and will increase the value of said
lands for the purpose of public revenue, and that the contemplated use for
which the land, real estate, premises or other property sought to be appropriated
is really a public use, and that the land, real estate, premises or other
property sought to be appropriated are required and necessary for the
establishment of said improvement, the court or judge thereof shall cause a
jury of twelve qualified persons to be impaneled to assess the damages and
benefits as herein provided, if in attendance upon ((his)) the
court; and if not, ((he)) the judge may, if satisfied that the
public interests require the immediate construction of said improvement, direct
((the sheriff of his county to summon)) that a jury panel be selected
and summoned pursuant to chapter 2.36 RCW from the citizens of the county
in which said petition is filed ((as many qualified persons as may be
necessary in order)) to form a jury of twelve persons, unless the parties
to the proceedings consent to a less number, such number to be not less than
three, and such consent shall be entered by the clerk in the minutes of the
trial. ((If necessary to complete the jury in any case, the sheriff, under
direction of the court or judge thereof, shall summon as many qualified persons
as may be required to complete the jury from the citizens of the county in
which the petition is filed.)) In case a special jury is summoned, the
cost thereof shall be taxed as part of the costs in the proceeding, and paid by
the district seeking to appropriate said land, the same as other costs in the
case; and no person shall be competent as a juror who is a resident of, or
landowner in, the district seeking to appropriate said land. The jurors at
such trial shall make in each case a separate assessment of damages which shall
result to any person, corporation or company, or to the state, by reason of the
appropriation and use of such land, real estate, premises or other property for
said improvement, and shall ascertain, determine and award the amount of
damages to be paid to said owner or owners, respectively, and to all tenants,
incumbrancers and others interested, for the taking or injuriously affecting
such land, real estate, premises or other property for the establishment of
said improvement; and shall further find the maximum amount of benefits, per
acre, to be derived by each of the landowners from the construction of said
improvement. And upon a return of the verdict into court, the same shall be
recorded as in other cases; whereupon a decree shall be entered in accordance
with the verdict so rendered, setting forth all the facts found by the jury,
and decreeing that said right-of-way be appropriated, and directing the
commissioners of said diking district to draw their warrant on the county
treasurer for the amount awarded by the jury to each person, for damages
sustained by reason of the establishment of said improvement, payable out of
the funds of said diking district.
Sec. 7. Section 36.24.030, chapter 4, Laws of 1963 as amended by section 202, chapter 202, Laws of 1987 and RCW 36.24.030 are each amended to read as follows:
Every
person summoned as a juror who intentionally fails to appear ((without
having a reasonable excuse shall forfeit a sum not exceeding twenty dollars, to
be recovered by the coroner, in the name of the state, before any district
judge of the county)) as directed shall be guilty of a misdemeanor.
The penalty when collected shall be paid over to the county treasurer for the
use of the county.