Revised Code of Washington
Chapter 79.36 - Easements Over Public Lands.
79.36.320 - Condemnation—Duty of attorney general.

RCW 79.36.320
Condemnation—Duty of attorney general.

The attorney general of the state of Washington is hereby required and authorized to condemn said property interests found to be necessary for the public purposes of the state of Washington, as provided in RCW 79.36.310, and upon being furnished with a certified copy of the resolution of the department, describing said property interests found to be necessary for the purposes set forth in RCW 79.36.310, the attorney general shall immediately take steps to acquire said property interests by exercising the state's right of eminent domain under the provisions of chapter 8.04 RCW, and in any condemnation action herein authorized, the resolution so describing the property interests found to be necessary for the purposes set forth above shall, in the absence of a showing of bad faith, arbitrary, capricious, or fraudulent action, be conclusive as to the public use and real necessity for the acquisition of said property interests for a public purpose, and said property interests shall be awarded to the state without the necessity of either pleading or proving that the department was unable to agree with the owner or owners of said private property interest for its purchase. Any condemnation action herein authorized shall have precedence over all actions, except criminal actions, and shall be summarily tried and disposed of.

[ 2003 c 334 § 227; 1963 c 140 § 2; 1945 c 239 § 2; Rem. Supp. 1945 § 5823-31. Formerly RCW 76.16.020.]
NOTES:

Intent—2003 c 334: See note following RCW 79.02.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 79 - Public Lands

Chapter 79.36 - Easements Over Public Lands.

79.36.310 - Acquisition of property interests for access authorized.

79.36.320 - Condemnation—Duty of attorney general.

79.36.330 - Disposal of property interests acquired.

79.36.340 - Acquisition—Payment.

79.36.350 - Application for right-of-way.

79.36.355 - Grant of easements and rights in public land.

79.36.370 - Lands subject to easements for removal of valuable materials.

79.36.380 - Private easement subject to common user.

79.36.390 - Reasonable facilities and service for transportation must be furnished.

79.36.400 - Duty of utilities and transportation commission.

79.36.410 - Penalty for violation of orders.

79.36.430 - Forfeiture for nonuse.

79.36.440 - Right-of-way for public roads.

79.36.450 - Railroad right-of-way.

79.36.460 - Railroad right-of-way—Procedure to acquire.

79.36.470 - Railroad right-of-way—Appraisement.

79.36.480 - Railroad right-of-way—Improvements—Appraisal.

79.36.490 - Railroad right-of-way—Release or payment of damages.

79.36.500 - Railroad right-of-way—Certificate.

79.36.510 - Utility pipe lines, transmission lines, etc.

79.36.520 - Utility pipe lines, transmission lines, etc.—Procedure to acquire.

79.36.530 - Utility pipe lines—Appraisal—Certificate—Reversion.

79.36.540 - Right-of-way for irrigation, diking, and drainage purposes.

79.36.550 - Right-of-way for irrigation, diking, and drainage purposes—Procedure to acquire.

79.36.560 - Right-of-way for irrigation, diking, and drainage purposes—Appraisal—Certificate.

79.36.570 - Grant of overflow rights.

79.36.580 - Construction of foregoing sections.

79.36.590 - Easement reserved in later grants.

79.36.600 - Private easement over state lands.

79.36.610 - Easement over public lands subject to common user.

79.36.620 - Reservations in grants and leases.

79.36.630 - Duty of utilities and transportation commission.

79.36.640 - Penalty for violating utilities and transportation commission's order.

79.36.650 - Applications—Appraisement—Certificate—Forfeiture—Fee.