In Re Petition of City of Long Beach

82 P.3d 259
CourtCourt of Appeals of Washington
DecidedJanuary 6, 2004
Docket29998-4-II
StatusPublished
Cited by1 cases

This text of 82 P.3d 259 (In Re Petition of City of Long Beach) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Petition of City of Long Beach, 82 P.3d 259 (Wash. Ct. App. 2004).

Opinion

82 P.3d 259 (2004)
119 Wash.App. 628

In the Matter of the PETITION OF the CITY OF LONG BEACH to acquire by condemnation certain property and property rights for the improvement of Discovery Trail, trail located within shorelines west of 1968 Seashore Conservation Line within Sections 8, 20, 29, 32 and 33, Townships 10 N., Range 11 W., W.M., Pacific County, Washington, as provided by Ordinance No. 767.
Craig Wong, J.W. Hank and Lois Chellson, William Henningsgaard, Susan Sullivan, Paul and Sandra Olson, E. Jane Hewitt, Joseph Neuroth, and Michael and Carol Couture, Appellants,
v.
The City of Long Beach, Respondent.

No. 29998-4-II.

Court of Appeals of Washington, Division 2.

January 6, 2004.

*260 Steven Erik Turner, Le Anne Marie Bremer, Miller Nash LLP, Vancouver, WA, for Appellants.

P. Stephen DiJulio, Seattle, WA, for Respondent.

HUNT, C.J.

Shoreline property owners appeal the superior court's grant of the City of Long Beach's petition to condemn portions of their land for expansion of a recreational trail outside city limits. They argue that a trail is not a statutorily-authorized purpose justifying condemnation. We hold that the City acted legally in condemning land outside the City's limits for the Discovery Trail, which is a "park" under RCW 8.12.030. We affirm.

FACTS

I. DISCOVERY TRAIL

The City of Long Beach is constructing an interurban trail to commemorate Lewis and Clark's Corps of Discovery expedition. This "Discovery Trail" will extend outside city limits south from Long Beach through Seaview to Ilwaco. The trail will be ten-feet wide with an asphalt surface, for use primarily by bicyclists and pedestrians. In the nature of an interpretive center, monuments and interpretative panels are planned at half-mile intervals to educate trail users about the Lewis and Clark expedition and local history, *261 culture, and environment. The trail's design, however, is more open and fluid than a traditional interpretive center in a building.

The City has already completed and currently maintains a portion of the trail, and another portion is under construction. The City also has easements for all but four percent of the planned remaining trail system.

II. LITIGATION

After efforts to obtain the necessary remaining easements failed, the City filed a petition in superior court to condemn strips of beachfront property outside city limits.[1] The affected Property Owners opposed the petition and challenged the City's power to condemn property outside its city limits. They claimed that the proposed trail would cut through their properties, separating the buildable or otherwise usable portions from the beach, interfering with their privacy, and obstructing their "dearly paid-for views."[2] Property Owners also contended that the City could not use its statutory condemnation powers because a "trail" is not a permitted purpose under the condemnation statute.

The superior court ruled in the City's favor, issued a memorandum opinion, entered an order finding public use and necessity, and set the case for trial to determine just compensation for the condemnation. Property Owners appeal.

ANALYSIS

The central issue is whether the City of Long Beach has authority to condemn private property for a trail outside its city limits. Resolution of this issue turns on whether a trail is a "park" within the meaning of RCW 8.12.030.

I. EMINENT DOMAIN POWERS OF CODE CITIES

The power of eminent domain is an inherent power of the state; a municipality may exercise this power "only when it is expressly so authorized by the state legislature." City of Tacoma v. Welcker, 65 Wash.2d 677, 683, 399 P.2d 330 (1965). Although courts generally construe grants of municipal authority liberally, we "employ[] a narrow construction to municipal exercises of the eminent domain power." City of Tacoma v. Taxpayers of City of Tacoma, 108 Wash.2d 679, 694 n. 8, 743 P.2d 793 (1987). Similarly, we strictly construe the delegation of eminent domain powers. In re Petition of City of Seattle, 96 Wash.2d 616, 629, 638 P.2d 549 (1981).

Property Owners contend that (1) the City's condemnation of their property for a trail violates these well-settled rules; and (2) a proper, narrow construction of the statute granting the City's eminent domain power would necessarily limit permitted uses to those specifically enumerated or similar to those enumerated. Statutory construction is an issue of law, which we review de novo. Landmark Dev., Inc. v. City of Roy, 138 Wash.2d 561, 569, 980 P.2d 1234 (1999).

A. Applicable Statutes

Both parties agree that the City is a "code city,"[3] governed by the Optional Municipal Code, Title 35A, Revised Code of Washington. RCW 35A.11.020 broadly grants code cities "all powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law." The stated purpose of Title 35A RCW is to grant "the broadest *262 powers of local self-government consistent with the Constitution of this state." RCW 35A.01.010.

Three statutes expressly grant eminent domain power to code cities. First, RCW 8.12.030 provides that "[e]very city and town... is hereby authorized and empowered to condemn land and property." RCW 8.12.030 (emphasis added). Second, RCW 35A.64.200 provides: "A code city may exercise all powers relating to eminent domain as authorized by chapters 8.12 and 8.28 RCW." And third, RCW 35A.11.030 provides that "[p]owers of eminent domain ... may be exercised by the legislative bodies of code cities in the manner provided in this title or by the general law of the state." These three statutes include instructive language for interpreting the scope of a code city's eminent domain powers.

Most notably, chapter 35A.01 RCW, entitled "Interpretation," explains:

Any specific enumeration of municipal powers contained in this title or in any other general law shall not be construed in any way to limit the general description of power contained in this title, and any such specifically enumerated powers shall be construed as in addition and supplementary to the powers conferred in general terms by this title.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

City of Union Gap v. Printing Press Properties, LLC
Court of Appeals of Washington, 2018

Cite This Page — Counsel Stack

Bluebook (online)
82 P.3d 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-of-city-of-long-beach-washctapp-2004.