174 STATE LAND LAWS 



SEC. 246 CONDEMNATION PROCESS. 



CHAPTER 20. 



CONDEMNATION OF STATE LANDS. 



SEC. 246. Service of Process. 



247. Payment of Damages; Filing of Plat. 



248. United States: Power of Eminent Domain. 



249. Railways, Canals, etc.; Right to Locate. 



250. Same; Eminent Domain for. 



251. Cities; Eminent Domain for Certain Uses. 



252. Same; Additional Powers. 



253. Commercial Waterway Districts: Power of. 



254. Same; State Lands Subject. 



255. Waterway Improvement Districts: Power of. 



256. Same; State Lands Subject. 



257. Same; Service of Process. 



258. Diking Districts: Power of. 



259. Same; State Lands Subject. 



260. Inter-County Diking and Drainage Districts: Power of. 

 Cross-Reference: Grants of Rights of Way and Other Easements: 



sec. 201 et seq., ante. 



SEC. 246. EMINENT DOMAIN SERVICE OF PROCESS, 



In all condemnation proceedings brought for the purpose of 

 appropriating any land owned by the state or in which it has 

 an interest, service of process shall be made upon the Commis- 

 sioner of Public Lands. (Laws '07, p. 507, sec. 1 ; sec. 923 

 Rem.-Bal.; 171 sec. 223 Pierce.) 



Service of process in suits by cities: sec. 251, post, and note. 



In suits by waterway improvement districts: sec. 257, post. 



CONDEMNATION OF STATE LANDS : 



See 1 Remington's Digest, p. 1031, sec. 24 : 4 id,., p. 372, sec. 24. 



A statute providing for the appropriation of state granted lands in eminent 

 domain proceedings, wherein the market value is to be first determined by a 

 jury and paid, is not repugnant to sec. 1, Art. XVI, Const, ante, which pro- 

 vides that such lands shall not be disposed of for less than the market value, 

 to be ascertained as may be provided by law : Roberts v. Seattle, 63 Wash. 573. 



The state's interest in tide lands is not subject to appropriation by a 

 boom company in eminent domain proceedings : North Riv. Boom Co. v. Smith, 

 16 Wash. 138. 



Granted lands are not subject to appropriation by a private corporation pro- 

 posing to supply water for domestic use: State ex rel. Att'y Gen'l v. Superior 

 Court, 36 Wash. 381. 



Statutes authorizing the taking of state lands under the eminent domain 

 will be strictly construed : idem. 



