§ 47.32.100 — Procedure when claimant wins or loses.

Washington § 47.32.100

• Jurisdiction: Washington
• Title 47: PUBLIC HIGHWAYS AND TRANSPORTATION
• Ch. 47.32: OBSTRUCTIONS ON RIGHT-OF-WAY

Text

If the claimant makes good the claimant's title to or right to possession of the property, upon payment into the registry of the court of the costs of service or posting of original notice issued by the department with respect to the property, the cost of posting notice of hearing in the court and such proportion of the cost of publication of the notice as the court may fix and direct to be entered and the clerk's fees of filing the affidavit and bond as a separate action and of entry of judgment therein at the amounts provided for in civil actions, judgment shall be entered restoring the property to the claimant without any confirmation of title as to any other claimant thereto, relieving the sheriff from necessity of selling the property and making return thereon, and continuing the effect of the bond for a period of six years thereafter for the benefit of such adverse claimants to the property, if any, as may thereafter make claim to the property. If the claimant does not make good such claim of title to or right to possession of the property, judgment shall be rendered against the claimant and the sureties of the claimant for the value of the property as finally shown by the affidavit as above provided for, together with such fees for filing the affidavit and bond as a separate action and for entry of judgment therein and other costs and disbursements as taxed in any civil action including the statutory attorney fee as part thereof, for all of which execution may accordingly issue, and relieving the sheriff from the necessity of selling the property or making return thereon.

Legislative History

[1984 c 7 s 181;1961 c 13 s 47.32.100. Prior:1937 c 53 s 77; RRS s 6400-77; prior:1925 ex.s. c 131 s 11; RRS s 6837-11.]