Revised Code of Washington

Wash. Rev. Code § 8.12.030 (2026)

✓ current as of May 2026
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Every city and town and each unclassified city and town within the state of Washington, is hereby authorized and empowered to condemn land and property, including state, county and school lands and property for streets, avenues, alleys, highways, bridges, approaches, culverts, drains, ditches, public squares, public markets, city and town halls, jails and other public buildings, and for the opening and widening, widening and extending, altering and straightening of any street, avenue, alley or highway, and to damage any land or other property for any such purpose or for the purpose of making changes in the grade of any street, avenue, alley or highway, or for the construction of slopes or retaining walls for cuts and fills upon real property abutting on any street, avenue, alley or highway now ordered to be, or such as shall hereafter be ordered to be opened, extended, altered, straightened or graded, or for the purpose of draining swamps, marshes, tidelands, tide flats or ponds, or filling the same, within the limits of such city, and to condemn land or property, or to damage the same, either within or without the limits of such city for public parks, drives and boulevards, hospitals, pesthouses, drains and sewers, garbage crematories and destructors and dumping grounds for the destruction, deposit or burial of dead animals, manure, dung, rubbish, and other offal, and for aqueducts, reservoirs, pumping stations and other structures for conveying into and through such city a supply of fresh water, and for the purpose of protecting such supply of fresh water from pollution, and to condemn land and other property and damage the same for such and for any other public use after just compensation having been first made or paid into court for the owner in the manner prescribed by this chapter.
[ 1915 c 154 s 1; 1907 c 153 s 1; RRS s 9215. Prior: 1905 c 55 s 1; 1893 c 84 s 1.]
Notes of Decisions
Cited in 39 cases (3 in the last 5 years), 1954–2024 · leading case: In Re Petition of Seattle, 638 P.2d 549 (Wash. 1981).
In Re Petition of Seattle, 638 P.2d 549 (Wash. 1981). · cites it 18× “Speaking of RCW 8.12.030 and RCW 35.24.310 (specifically granting to third-class cities the power of eminent domain), we said that the general language "any other public use" and "any other public purpose" meant uses and purposes "of the same character or nature as those uses…”
City of Blaine v. Feldstein, 117 P.3d 1169 (Wash. Ct. App. 2005). · cites it 7× “Because (1) the trial court did not abuse its discretion in determining that an evidentiary hearing was not required, (2) a public boardwalk constitutes a public use under RCW 8.12.030, (3) the particular boardwalk proposed by the City constitutes a public use, and (4) there is…”
City of Seattle v. State, 338 P.2d 126 (Wash. 1959). · cites it 9× “There is but one question raised by the petition, and that is whether the city of Seattle has the right, under RCW 8.12.030 (Laws of 1915, chapter 154, § 1, p.”
City of Tacoma v. Welcker, 399 P.2d 330 (Wash. 1965). · cites it 5× “The city predicates its right to proceed by condemnation upon the provisions of RCW 8.12.030 and 35.92.010, the pertinent portions of which are as follows: *681 “Every city and town .”
Highline Sch. Dist. No. 401 v. Port of Seattle, 548 P.2d 1085 (Wash. 1976). “”, RCW 8.12.030. The port contends that amendment 9 does not protect public property, citing Moses Lake School Dist.”
Schreiner v. City of Spokane, 874 P.2d 883 (Wash. Ct. App. 1994). · cites it 3× “RCW 8.12.030. A decree of public use and necessity to condemn may be entered only when (1) the use is really public, (2) the public interests require it, and (3) the property to be condemned is necessary for the purpose.”
State Ex Rel. Devonshire v. SUPER. CT. FOR KING CTY., 424 P.2d 913 (Wash. 1967). · cites it 5× “In support of this assertion, they point to RCW 8.12.030, the statute under which the city is proceeding with condemnation, and argue that such statute contains no explicit authorization regarding condemnation for monorail systems.”
City of Seattle v. Mall, Inc., 707 P.2d 1348 (Wash. 1985). · cites it 2× “RCW 8.12.030 provides that cities have the power to "condemn land and property.”
City of Des Moines v. Hemenway, 437 P.2d 171 (Wash. 1968). · cites it 2× “for streets, avenues . . . [and other uses], within the limits of such city, and to condemn land or property, or to damage the same, either within or without the limits of such city for public parks, drives and boulevards, hospitals .”
City of Blaine v. Feldstein, 117 P.3d 1169 (Wash. Ct. App. 2005). · cites it 6× “RCW 8.12.030 authorizes cities to condemn private property for public use: Every city and town and each unclassified city and town within the state of Washington, is hereby authorized and empowered to condemn land and property, including state, county and school lands and…”
Wong v. City of Long Beach, 82 P.3d 259 (Wash. Ct. App. 2004). · cites it 13× “We hold that the City acted legally in condemning land outside the City’s limits for the *630 Discovery Trail, which is a “park” under RCW 8.12.030. We affirm. FACTS I. Discovery Trail The city of Long Beach is constructing an interurban trail to commemorate Lewis and Clark’s…”
City of Tacoma v. Taxpayers of Tacoma, 307 P.2d 567 (Wash. 1957). · cites it 2× “[12] After a careful review of RCW 8.12.030 and RCW 80.40.010, and other statutes to which our attention has been directed, we do not find that the legislature has expressly authorized a municipal corporation to condemn state-owned land previously dedicated to a public use;…”
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