HOUSE BILL ANALYSIS

                  SB 6190

Title:  An act relating to the expeditious resolution of public use disputes in eminent domain proceedings.

Brief Description:  Promoting expeditious resolution of public use disputes in eminent domain proceedings.

Sponsors:  Senators Patterson, Horn, Haugen, Johnson, Costa, Goings, McCaslin and Winsley.

                    Brief Summary of Bill

CDirects courts to give county condemnation proceedings precedence over other civil cases.

HOUSE COMMITTEE ON JUDICIARY

Staff:  Bill Perry (786-7123).

Background:

For constitutional reasons, criminal trials take precedence over civil trials.  With respect to civil trials, however, the Legislature has directed that some kinds of civil cases take precedence over other civil cases.  Examples of civil cases that have been given priority include abatement of nuisances, election contests, hearings on injunctions and restraining orders, and child custody hearings.

Condemnation proceedings through the exercise of eminent domain is another category of civil cases for which the Legislature has often directed the courts to give priority.  For instance, condemnations of land for public use by cities, or condemnations by the state for highway construction, are expressly given precedence over all other noncriminal cases.

Condemnation proceedings by counties, however, are not given express statutory priority.

Summary of Bill:

Condemnation proceedings by counties are given precedence over all other noncriminal cases.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

                 Office of Program Research