STATE LAND LAWS 179 



CONDEMNATION CITIES. SEC. 251 



opened, extended, altered, straightened or graded, or for the 

 purpose of draining swamps, marshes, tide lands, tide flats or 

 ponds, or filling the same, within the limits of such city, and to 

 condemn land or property, or to damage the same, either within 

 or without the limits of such city for public parks, drives and 

 boulevards, hospitals, pest houses, drains and sewers, garbage 

 crematories and destructors and dumping grounds for the 

 destruction, deposit or burial of dead animals, manure, dung, 

 rubbish, and other offal, and for aqueducts, reservoirs, pumping 

 stations and other structures for conveying into and through 

 such city a supply of fresh water, and for the purpose of protect- 

 ing such supply of fresh water from pollution, and to condemn 

 land and other property and damage the same for any other 

 public use after just compensation having been first made or 

 paid into court for the owner in the manner prescribed by this 

 act. (Laws '07, p. 316, sec. 1 ; sec. 7768 Rem.-Bal. ; 171 sec. 

 31 Pierce.) 



Former Laws: Laws '93, p. 189, sec. 1; Laws '05, p. 84, sec. 1. 



NOTE: Sec. 6 of this act (Laws '07, p. 318, sec. 6; 7773 Rem.-Bal.; 

 171 sec. 41 Pierce), provides: "In case the land, real estate, premises or 

 other property sought to be appropriated or damaged is state, school or 

 county land, the summons and copy of petition shall be served on the 

 auditor of the county in which such land, real estate, premises or other 

 property is situated." This is considered amended by sec. 246, supra, 

 a later act of the same session. 



May condemn watersheds: sec. 64, ante. 



Rights of way for streets granted: sec. 204, ante. 



Rights of way granted for municipal power lines, etc.: sec. 210 

 et seq., ante. 



Right to occupy beds and shores of navigable waters granted to 

 cities: sec. 228, ante. 



Selection of streets over vacated waterways: sec. 283, post. 



Bridges over waterways: sees. 243-244, ante. 



Cited: 34 Wash. 352; 35 Wash. 306; 36 Wash. 116; 38 Wash. 27-518; 44 

 Wash. 63-134 ; 53 Wash. 218 ; 54 Wash. 293-451 ; 55 Wash. 661 ; 58 Wash. 595 ; 

 59 Wash. 42 ; 62 Wash. 432 ; 63 Wash. 573 ; 66 Wash. 95-334 ; 73 Wash. 

 234-694; 228 U. S. 150. 



This section is not repugnant to sec. 1, Art. XVI, Const., ante, which pro- 

 vides that no granted lands shall be disposed of for less than the market 

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



A private corporation has no power to condemn state lands for the purpose 

 of procuring water for domestic use : State ex rel. AWy Gen'l v. Superior 

 Court, 36 Wash. 381. 



