STATE LAND LAWS 

 SEC. 251 CONDEMNATION CITIES. 



amended Laws '07, p. 674, sec. 1; sec. 8740 Rem.-Bal. ; 405 

 sec. 85 Pierce.) 



Former Laws: Laws '69, p. 343, sec. 2. 



See sees. 246-247, supra, and notes. 



As to appropriation of preference right to lease harbor area in port 

 districts, see sec. 158, ante; to lease waterway, sec. 167, ante. 



Cited : 167 U. S. 75, 583 ; 7 Wash. 167 ; 31 Wash. 452 ; 42 Wash. 641 ; 47 

 Wash. 170; 49 Wash. 388; 54 Wash. 533; 62 Wash. 96; 64 Wash. 600; 65 

 Wash. 105 ; 68 Wash. 397, 575. 



The consent of the Secretary of War to construct a bridge over navigable 

 water is not a condition precedent to a suit to condemn tide lands to be reached 

 by such bridge : State ex rel. Hulme v. Grays H. etc. R. Co., 54 Wash. 530. 



A vested right to a lease of harbor area may be appropriated by a railway 

 company in condemnation proceedings. Measure of damages stated : idem; 

 State ex rel. Wilson v. same, 60 Wash. 32. 



Since the right to construct a railroad in harbor area may be acquired 

 by lease from the state, it is not a valid objection to a railway company's pe- 

 tition to condemn tide lands that it must first cross harbor area, and that 

 harbor area cannot be condemned for such use. State ex rel. Hulme v. Grays H. 

 etc. R. Co., 54 Wash. 530. 



Prior to the amendment of this section, tide lands could not be appropriated 

 for railway purposes. Seattle etc. R. Co. v. State, 7 Wash. 150. 



The equitable interest of a purchaser of state lands under contract is sub- 

 ject to appropriation under this section, and the state is not a necessary party 

 to such action : State ex rel. Trimble v. Superior Court, 31 Wash. 445. 



The obstruction of a wharf upon tide lands in private ownership by the 

 operation of a drawbridge over navigable water, built under state and Federal 

 authority, is a taking or damaging of private property for which compensation 

 must be made : Nor. Pac. R. Co. v. Slade Lbr. Co., 61 Wash. 195. 



SEC. 251. CERTAIN CITIES MAY APPROPRIATE STATE LANDS. 



Every city of the first, second and third classes and other 

 cities having a population of over fifteen hundred inhabitants 

 within the State of Washington, is hereby authorized and em- 

 powered to condemn land and property, including state, county 

 and school lands and property for streets, avenues, alleys, high- 

 ways, bridges, approaches, culverts, drains, ditches, public 

 squares, public markets, city and town halls, jails and other 

 public buildings, and for the opening and widening, widening 

 and extending, altering and straightening of any street, avenue, 

 alley or highway, and to damage any land or other property 

 for any such purpose or for the purpose of making changes in 

 the grade of any street, avenue, alley or highway, or for the 

 construction of slopes or retaining walls for cuts and fills upon 

 real property abutting on any street, avenue, alley or highway 

 now ordered to be, or such as shall hereafter be ordered to be 



