Wash. Rev. Code » Title 8 · Chapter 8.24
Revised Code of Washington

Wash. Rev. Code § 8.24.030 (2026)

✓ current as of May 2026
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The procedure for the condemnation of land for a private way of necessity or for drains, flumes or ditches under the provisions of this chapter shall be the same as that provided for the condemnation of private property by railroad companies, but no private property shall be taken or damaged until the compensation to be made therefor shall have been ascertained and paid as provided in the case of condemnation by railroad companies.
In any action brought under the provisions of this chapter for the condemnation of land for a private way of necessity, reasonable attorneys' fees and expert witness costs may be allowed by the court to reimburse the condemnee.
[ 1988 c 129 s 3; 1913 c 133 s 2; RRS s 936-2. Prior: 1895 c 92 s 2.]

Notes:

Condemnation by corporations: Chapter 8.20 RCW.
Railroads—Corporate powers and duties: RCW 81.36.010.
Special railroad eminent domain proceedings:
appropriation of railway right-of-way through canyon, pass or defile: RCW 8.20.140.
extensions, branch lines: RCW 81.36.060.
railroad crossings: RCW 81.53.180.
state university—Rights-of-way to railroads: RCW 28B.20.330.
Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1953–2024 · leading case: Noble v. Safe Harbor Fam. Pres. Trust, 167 Wash. 2d 11 (Wash. 2009).
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Noble v. Safe Harbor Fam. Pres. Trust, 167 Wash. 2d 11 (Wash. 2009). · cites it 20× “It asks us to determine whether, under RCW 8.24.030, the trial court had the discretion to require the original condemnee to pay an alternative condemnee’s attorney fees and to reduce the original condemnee’s award of attorney fees due to the alternative condemnee’s involvement…”
Beckman v. Wilcox, 979 P.2d 890 (Wash. Ct. App. 1999). · cites it 19× “Wilcox’s answer included a request for costs and attorney fees pursuant to RCW 8.24.030. The trial court issued a memorandum opinion stating *358 that it would grant the private way of necessity upon the condemnor’s payment of compensation in an amount to be established at trial…”
Kennedy v. Martin, 63 P.3d 866 (Wash. Ct. App. 2003). · cites it 14× “The trial court denied the Cammacks’ motion for attorney fees against Kennedy.”
Kennedy v. Martin, 63 P.3d 866 (Wash. Ct. App. 2003). · cites it 13× “The trial court denied the Cammacks' motion for attorney fees against Kennedy.”
Noble v. Safe Harbor Pres. Trust, 216 P.3d 1007 (Wash. 2009). · cites it 20× “It asks us to determine whether, under RCW 8.24.030, the trial court had the discretion to require the original condemnee to pay an alternative condemnee's attorney fees and to reduce the original condemnee's award of attorney fees due to the alternative condemnee's involvement…”
Noble v. Safe Harbor Fam. Pres. Trust, 141 Wash. App. 168 (Wash. Ct. App. 2007). · cites it 19× “3d 866 (2003),] RCW 8.24.030 [,] and a balancing of the equities present in this case, the court will grant the request of [Tillicum] for an award of attorney fees and costs from [Safe Harbor].”
Hallauer v. Spectrum Props., Inc., 18 P.3d 540 (Wash. 2001). · cites it 3× “For this reason, aside from any other considerations, we decline to award fees in this court and we reverse the Court of Appeals' award of attorney fees to the Del Rosarios.”
Hallauer v. Spectrum Props., Inc., 143 Wash. 2d 126 (Wash. 2001). · cites it 3× “Accordingly, the statute does not serve as the basis for awarding attorney fees in this court or in the Court of Appeals. For this reason, aside from any other considerations, we decline to award fees in this court and we reverse the Court of Appeals’ award of attorney fees to…”
Granite Beach Holdings v. State, 11 P.3d 847 (Wash. Ct. App. 2000). · cites it 2× “The appellants sought to condemn a private way of necessity for ingress and egress over the easement rights held by Manke and The Land Conservancy's predecessor—neither of which held easement rights extending across State land to the appellants' land in Section 26—pursuant to…”
Granite Beach Holdings, L.L.C. v. Dep't of Nat. Resources, 103 Wash. App. 186 (Wash. Ct. App. 2000). · cites it 2× “The appellants sought to condemn a private way of necessity for ingress and egress over the easement rights held by Manke and The Land Conservancy’s predecessor — neither of which held easement rights extending across State land to the appellants’ land in Section 26 — pursuant…”
Sorenson v. Czinger, 852 P.2d 1124 (Wash. Ct. App. 1993). · cites it 3× “RCW 8.24.030 provides in part: In any action brought under the provisions of this chapter for the condemnation of land for a private way of necessity, reason *279 able attorneys' fees and expert witness costs may be allowed by the court to reimburse the condemnee.”
Ruvalcaba v. Kwang Ho Baek, 282 P.3d 1083 (Wash. 2012). “Attorney Fees ¶12 RCW 8.24.030 provides that “[i]n any action brought under the provisions of this chapter for the condemnation of land for a private way of necessity, reasonable attorney fees and expert witness costs may be allowed by the court to reimburse the condemnee.”
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