§13.5 - Nature of Rights Acquired

• Jurisdiction: Washington

§13.5 NATURE OF RIGHTS ACQUIRED

The issue of what can be acquired varies depending upon the agency involved. Absent express, contrary legislative intent, eminent domain procedures specified in Chapter 8.04 RCW are applicable only to the State of Washington as condemnor. The legislature grants rights of eminent domain to the state's political subdivisions; the nature of those rights depend largely on the agency's purpose.

However, once it has been established what may be acquired, the eminent domain process is essentially the same for all agencies, including acquisition, obtainable rights, and private ways of necessity.

(1) Time of acquisition

As briefly discussed in the introduction to this chapter, the state or other condemning agency may obtain an order for immediate possession only if the owner stipulates to possession and use. Once the condemning agency has made a payment into the registry of the court of the amount of the agency's written offer, the condemnor is then entitled to an order of immediate possession and use, at which time it is entitled to possession of the property.

Owners are entitled to draw down the amount paid into the court without prejudicing their rights, including the right to have the amount of just compensation litigated at a later date, either by jury or by court, depending on whether a demand for jury is made. If an owner obtains an amount in excess of that paid in to the registry of the court at the time possession and use is granted, the owner is entitled to interest on the difference between what was paid into the registry of the court and what was eventually awarded as just compensation.

In the absence of a stipulation for immediate possession, a condemning agency may not have possession and use of the owner's property until compensation has been paid into the court pursuant to a decree of appropriation. Prior to possession by the condemnor four requirements must be met: (1) a final order adjudicating public use and necessity must be entered; (2) a judgment fixing the amount of the award must be entered; (3) a final decree transferring title must be entered; (4) the judgment must be paid into the registry of the court.

If the owner appeals the award, the condemning agency is still entitled to possession of the property, but only after paying money into the court and having the judgment and decree of appropriation entered. If, however, the condemning agency appeals, then in the absence of a...