Summary

JurisdictionWashington

Chapter Details

Summary
§13.1Introduction
§13.2Authority 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
§13.3Constitutional 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
§13.4Property 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
§13.5Nature of Rights Acquired
(1)Time of Acquisition
(2)Extent of Interest or Rights Obtainable
(3)Private Ways of Necessity
§13.6Compensation
(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
§13.7Appraisal Methodologies
(1)Fair Market Value
(2)Highest and Best Use
(3)General and Special Benefits
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