Summary

JurisdictionWashington

Chapter Details

Summary
§13.1 Introduction
§13.2 Authority to Exercise Power
(1) What Can Be Acquired?
(2) How Will the Property Be Acquired?
(3) What Is Needed and Why?
(4) Jurisdictions
(a) United States
(b) Washington State
(c) Political Subdivisions
(d) Private Organizations
§13.3 Constitutional and Other Limitations of Power
(1) The Concept of Property
(2) What constitutes a taking?
(a) Federal takings analysis
(b) Washington state takings analysis
(3) Public Use
(4) Necessity
§13.4 Property Subject to Appropriation
(1) Publicly Held Property
(2) Access Rights
(3) Light, Air, and View
(4) Lateral Support
(5) Franchises
(6) Abutting and Nonabutting Property
(7) Subsurface Rights
(8) Miscellaneous
§13.5 Nature of Rights Acquired
(1) Time of Acquisition
(2) Extent of Interest or Rights Obtainable
(3) Private Ways of Necessity
§13.6 Compensation
(1) Compensable Damages
(2) Noncompensable Damages
(a) Police Powers
(b) Damnum Absque Injuria
(c) Inverse Condemnation
(3) Costs to cure, duty to mitigate damages
(4) Substitution property
§13.7 Appraisal Methodologies
(1) Fair Market Value
(2) Highest and Best Use
(3) General and Special Benefits
...

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