AN ACT Relating to juries; amending RCW 8.04.080, 8.04.100, 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 3, chapter 213, Laws of 1955 as amended by section 15, chapter 188, Laws of 1988 and RCW 8.04.080 are each amended to read as follows:

The order shall direct 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 and 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 the special benefits, if any, accruing to such remainder by reason of the appropriation and the use by the state of the lands, real estate, premises, and other property described in the petition. The determination shall be made within thirty days after the entry of such order, before a jury if trial by jury is demanded at the hearing either by the petitioner or by the respondents, otherwise by the court sitting without a jury. If no regular venire has been called so as to be available to serve within such time on application of the petitioner at the hearing, the court may by its order continue such determination to the next regular jury term if a regular venire will be called within sixty days, otherwise the court shall call a special jury within said sixty days and direct that a jury panel be selected and summoned pursuant to chapter 2.36 RCW, from the citizens of the county in which the lands, real estate, premises, or other property sought to be appropriated are situated, as many qualified persons as may be necessary in order to form a jury ((of twelve persons, unless the petitioner and respondents both consent to a less number of jurors (such number to be not less than three), and such consent is entered by the clerk in the minutes of such hearing)). In any third class county or lesser classification, the costs of such special jury for the trial of such condemnation cases only shall be borne by the state.

Sec. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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.