§ 79.36.320 — Condemnation—Duty of attorney general.

Washington § 79.36.320

• Jurisdiction: Washington
• Title 79: PUBLIC LANDS
• Ch. 79.36: EASEMENTS OVER PUBLIC LANDS

Text

The attorney general of the state of Washington is hereby required and authorized to condemn said property interests found to be necessary for the public purposes of the state of Washington, as provided in RCW 79.36.310 , and upon being furnished with a certified copy of the resolution of the department, describing said property interests found to be necessary for the purposes set forth in RCW 79.36.310 , the attorney general shall immediately take steps to acquire said property interests by exercising the state's right of eminent domain under the provisions of chapter 8.04 RCW, and in any condemnation action herein authorized, the resolution so describing the property interests found to be necessary for the purposes set forth above shall, in the absence of a showing of bad faith, arbitrary, capricious, or fraudulent action, be conclusive as to the public use and real necessity for the acquisition of said property interests for a public purpose, and said property interests shall be awarded to the state without the necessity of either pleading or proving that the department was unable to agree with the owner or owners of said private property interest for its purchase. Any condemnation action herein authorized shall have precedence over all actions, except criminal actions, and shall be summarily tried and disposed of.

Intent — 2003 c 334: See note following RCW 79.02.010 .

Legislative History

[2003 c 334 s 227;1963 c 140 s 2;1945 c 239 s 2; Rem. Supp. 1945 s 5823-31. Formerly RCW76.16.020.]