§ 86.09.211 — Eminent domain—Damages, how determined—Judgment when damages exceed benefits.

Washington § 86.09.211

• Jurisdiction: Washington
• Title 86: FLOOD CONTROL
• Ch. 86.09: FLOOD CONTROL DISTRICTS—1937 ACT

Text

The jury, or court if the jury be waived, in such condemnation proceedings shall find and return a verdict for the amount of damages sustained: PROVIDED, That the court or jury, in determining the amount of damages, shall take into consideration the special benefits, if any, that will accrue to the property damaged by reason of the improvement for which the land is sought to be condemned, and shall make special findings in the verdict of the gross amount of damages to be sustained and the gross amount of special benefits that will accrue. If it shall appear by the verdict of findings, that the gross damages exceed said gross special benefits, judgment shall be entered against the district, and in favor of the owner or owners of the property damaged, in the amount of the excess of damages over said benefits, and for the costs of the proceedings, and upon payment of the judgment to the clerk of the court for the owner or owners, a decree of appropriation shall be entered, vesting the title to the property appropriated in the district.

Legislative History

[1937 c 72 s 71; RRS s 9663E-71. Formerly RCW86.08.330, part.]