Wash. Rev. Code » Title 8 · Chapter 8.12
Revised Code of Washington

Wash. Rev. Code § 8.12.040 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
When the corporate authorities of any such city shall desire to condemn land or other property, or damage the same, for any purpose authorized by this chapter, such city shall provide therefor by ordinance, and unless such ordinance shall provide that such improvement shall be paid for wholly or in part by special assessment upon property benefited, compensation therefor shall be made from any general funds of such city applicable thereto. If such ordinance shall provide that such improvement shall be paid for wholly or in part by special assessment upon property benefited, the proceedings for the making of such special assessment shall be as hereinafter prescribed, in this chapter: PROVIDED, That no special assessment shall be levied under authority of this chapter except when made for the purpose of streets, avenues, alleys, or highways or alterations thereof or changes of the grade therein or other improvements in or adjoining the same, or for bridges, approaches, culverts, sewers, drains, ditches, public squares, public playgrounds, public parks, drives or boulevards or for the purpose of draining swamps, marshes, tide flats, tidelands or ponds or for filling the same: AND IT IS FURTHER PROVIDED, That when a street, avenue, highway or boulevard is established or widened to a width greater than one hundred and fifty feet the excess over and above the one hundred and fifty feet shall be paid out of the general fund of such city without any deduction for benefits of such excess.
[ 1925 ex.s. c 128 s 2; 1907 c 153 s 2; RRS s 9216. Prior: 1905 c 55 s 2; 1893 c 84 s 2.]
Notes of Decisions
Cited in 8 cases, 1955–2018 · leading case: Pub. Util. Dist. No. 2 v. North Am. Foreign Trade Zone Indus., LLC, 151 P.3d 176 (Wash. 2007).
Sort: Relevance Newest Treatment
Pub. Util. Dist. No. 2 v. North Am. Foreign Trade Zone Indus., LLC, 151 P.3d 176 (Wash. 2007). · cites it 3× “RCW 8.12.040. A public utility district authorizes a condemnation action pursuant to a resolution of the commission.”
City of Tacoma v. Welcker, 399 P.2d 330 (Wash. 1965). · cites it 4× “00, and payment for the property herein ordered to be taken or damaged shall be made from the allocated current funds of the Water Division, Department of Public Utilities, or any other funds available for such purposes.”
Pud v. Naftzi, 151 P.3d 176 (Wash. 2007). · cites it 3× “RCW 8.12.040. A public utility district authorizes a condemnation action pursuant to a resolution of the commission.”
Grant Cnty. Pub. Util. Dist. No. 2 v. North Am. Foreign Trade Zone Indus., L.L.C., 105 P.3d 441 (Wash. Ct. App. 2005). · cites it 2× “RCW 8.12.040. Notably, no specific requirements for the form, content, or notice of such an ordinance are found in RCW 8.”
Silver Firs Town Homes, Inc. v. Silver Lake Water Dist., 12 P.3d 1022 (Wash. Ct. App. 2000). “Silver Firs is also correct that former Title 57 RCW contains no public notice requirement for rate changes, but when exercising their power of eminent domain, water districts shall do so “in the same manner and by the same procedures as provided for cities and towns.”
State Ex Rel. Dungan v. Sup'r Ct. for Grant Cnty., 279 P.2d 918 (Wash. 1955). “430), was not the general fund of the city as required by RCW 8.12.040. The trial court correctly held that section V complied with the statute because, while the compensation was payable out of the water and sewer fund, there was a further provision that, if this fund were…”
City Of Seattle v. Frederick A. Kaseburg (Wash. Ct. App. 2018). “3d 176 (2007)(NAFTZI)(citing RCW 8.12.040). Pursuant to RCW 8.12.030, cities are authorized to condemn land and property for, among other uses, public parks.”
Silver Firs Town Homes v. Silver Lake Water, 12 P.3d 1022 (Wash. Ct. App. 2000). “Silver Firs is also correct that former Title 57 RCW contains no public notice requirement for rate changes, but when exercising their power of eminent domain, water districts shall do so "in the same manner and by the same procedures as provided for cities and towns.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.