Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1968 NO. 18 > May 13 1968

Under the provisions of § 1, chapter 137, Laws of 1967, Ex. Sess.  (RCW 8.25.020), persons having an interest in real property being acquired by eminent domain are entitled to reimbursement for actual and reasonable expenditures, not in excess of $200, incurred in the evaluation of the condemnor's offer, including expenditures made in payment of reasonable attorneys' fees in the process of evaluating the condemnor's offer.

AGLO 1976 NO. 22 > Mar 23 1976

The state department of ecology may not condition a water right permit issued under RCW 90.03.290 by providing, pursuant to an administrative regulation, that once such a permit has been in effect for at least twenty-five years the state, upon giving five years' notice, may utilize a certain prescribed formula for the measurement of damages if it exercises its power of eminent domain to condemn the water right embodied in the permit ‑ in lieu of paying full compensation as ascertained by the court or jury under Article I, § 16 (Amendment 9) of the state constitution.

AGLO 1973 NO. 51 > May 10 1973

The department of game is not entitled to compensation under Article I, § 16 (Amendment 9) of the state Constitution when the state highway department acquires property for a highway through an area designated by the game department as a game reserve pursuant to RCW 77.12.040.

AGO 1964 NO. 77 > Jan 20 1964

(1) Chapter 41, Laws of 1963, which authorizes a school district to condemn and appropriate not more than 75 acres "for any community college or vocational technical school purpose" does not impose any limitation upon the general power of a district to acquire additional acreage by means other than by condemnation. (2) A school district may legally condemn no more than 75 acres of land for the operation of a community college, even though the community college may offer separate vocational and academic programs.