Revised Code of Washington

Wash. Rev. Code § 8.12.050 (2026)

Petition for condemnation

✓ current as of May 2026

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Whenever any such ordinance shall be passed by the legislative authority of any such city for the making of any improvement authorized by this chapter or any other improvement that such city is authorized to make, the making of which will require that property be taken or damaged for public use, such city shall file a petition in the superior court of the county in which such land is situated, in the name of the city, praying that just compensation, to be made for the property to be taken or damaged for the improvement or purpose specified in such ordinance, be ascertained by a jury or by the court in case a jury be waived.

[ 1913 c 11 s 1; 1907 c 153 s 3; RRS s 9217. Prior: 1905 c 55 s 3; 1893 c 84 s 3.]

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1960–2023 · leading case: Pub. Util. Dist. No. 2 v. North Am. Foreign Trade Zone Indus., LLC, 151 P.3d 176 (Wash. 2007).

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Pub. Util. Dist. No. 2 v. North Am. Foreign Trade Zone Indus., LLC, 151 P.3d 176 (Wash. 2007). “Public Use and Necessity ¶30 Once a government entity passes a resolution or ordinance, as appropriate to that entity, authorizing a condemnation action, it must file a petition in superior court requesting a decree of public use and necessity.”

In re the City of Seattle to Acquire Land & Other Prop., 353 P.2d 955 (Wash. 1960). · cites it 2× “” On March 11, 1958, a petition was filed, in conformity with RCW 8.12.050, which provides, in part, that “.”

Pud v. Naftzi, 151 P.3d 176 (Wash. 2007). “Public Use and Necessity ¶ 30 Once a government entity passes a resolution or ordinance, as appropriate to that entity, authorizing a condemnation action, it must file a petition in superior court requesting a decree of public use and necessity.”

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). “Notably, no specific requirements for the form, content, or notice of such an ordinance are found in RCW 8.12.040. Once the ordinance is passed, the city files a petition in the superior court requesting a decree of public use and necessity and a determination of just…”

Cent. Puget Sound Rta v. Sternoff L.p. (Wash. Ct. App. 2016). · cites it 2× “" RCW 8.12.050. Once the ordinance is passed, the condemning authority must file a petition in superior court.”

City Of Seattle v. Frederick A. Kaseburg (Wash. Ct. App. 2018). “This is so, they assert, because the City's adoption of the Ordinance was arbitrary and capricious.”

Rite Aid Corp. & Thrifty Payless, Inc. v. The City Of Kirkland (Wash. Ct. App. 2018). “RCW 8.12.050 requires a city to file a petition for condemnation in superior court identifying all owners with an interest in the property.”

Cent. Puget Sound Reg'l Transit Auth. V. Marymoor Storage Partners Llc (Wash. Ct. App. 2023). “Where there are separate interests in the property, and “if any defendant or party in interest shall demand,” the court may impanel separate juries “as to the compensation or damages to be paid to any one or more of such defendants or parties in interest,” so long as the party…”

City of Walla Walla v. Terry Knapp (Wash. Ct. App. 2015). “Condemnation must occur "in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW." RCW 35.80A.01O. Procedurally, the local governing body must first adopt a resolution declaring that the acquisition of the property is necessary to…”

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