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Project Legal Requirements

RIGHT OF WAY REQUIREMENTS

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Condemnation
Requirement Description Authority
CFR, RCW, WAC
Additional Information MDL No.
Eminent Domain by State   RCW 8.04   PE-D-17.06.05
Additional provisions applicable to Eminent Domain proceedings   RCW 8.25   PE-D-17.06.05
Pretrial statement of compensation to be paid in event of settlement In all actions for the condemnation of property, or any interest therein, at least thirty days prior to the date set for trial of such action the condemnor shall serve a written statement showing the amount of total just compensation to be paid in the event of settlement on each condemnee who has made an appearance in the action. RCW 8.25.010   PE-D-17.06.05
Reasonable attorney's fees and expert witness fees "Award of attorney's fees and witness fees to condemnee -- Conditions to award. Award of costs in air space corridor acquisitions -- Conditions Costs. Award to condemnee or plaintiff -- Conditions. RCW 8.25.070; RCW 8.25.073; RCW 8.25.075; RCW 8.26.210   PE-D-17.06.05
Conclusions of appraisers -- Order for production and exchange between parties After the commencement of a condemnation action, upon motion of either the condemnor or condemnee, the court may order, upon such terms and conditions as are fair and equitable the production and exchange of the written conclusions of all the appraisers of the parties as to just compensation owed to the condemnee, as prepared for the purpose of the condemnation action, and the comparable sales, if any, used by such appraisers. The court shall enter such order only after assurance that there will be mutual, reciprocal and contemporaneous disclosures of similar information between the parties. RCW 8.25.120   PE-D-17.06.05
Special benefits to remaining property
  • Purpose
  • Options; Election by owner; Consent to creation of lien
  • Satisfaction or release of lien; Trial; Expiration of lien by operation of law
  • Judgment; Maximum amounts; Offsets; Interest
  • Attorney fees; Witness fees
  • Lien foreclosure proceedings; Stay
RCW 8.25.210; RCW 8.25.220; RCW 8.25.230; RCW 8.25.240; RCW 8.25.250; RCW 8.25.260   PE-D-17.06.05
Certain litigation expenses The owner of the real property shall be reimbursed for any reasonable expenses, including reasonable attorney, and expert witness fees, which the owner actually incurred because of a condemnation proceeding. 49 CFR 24.107; WAC 468-100-105   PE-D-17.06.05
Coercive action In no event shall the time of condemnation be advanced, funds be deferred, or any other coercive action be taken to compel an agreement on the price to be paid for the property. 50 CFR 24.108(h); RCW 8.26.180 (7)   PE-D-17.06.04

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