Wash. Rev. Code » Title 8 · Chapter 8.25
Revised Code of Washington

Wash. Rev. Code § 8.25.075 (2026)

✓ current as of May 2026
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(1) A superior court having jurisdiction of a proceeding instituted by a condemnor to acquire real property shall award the condemnee costs including reasonable attorney fees and reasonable expert witness fees if:
(a) There is a final adjudication that the condemnor cannot acquire the real property by condemnation; or
(b) The proceeding is abandoned by the condemnor.
(2) In effecting a settlement of any claim or proceeding in which a claimant seeks an award from an acquiring agency for the payment of compensation for the taking or damaging of real property for public use without just compensation having first been made to the owner, the attorney general or other attorney representing the acquiring agency may include in the settlement amount, when appropriate, costs incurred by the claimant, including reasonable attorneys' fees and reasonable expert witness fees.
(3) A superior court rendering a judgment for the plaintiff awarding compensation for the taking or damaging of real property for public use without just compensation having first been made to the owner shall award or allow to such plaintiff costs including reasonable attorney fees and reasonable expert witness fees, but only if the judgment awarded to the plaintiff as a result of trial exceeds by ten percent or more the highest written offer of settlement submitted by the acquiring agency to the plaintiff at least thirty days prior to trial.
(4) Reasonable attorney fees and expert witness fees as authorized in this section shall be subject to the provisions of subsection (4) of RCW 8.25.070 as now or hereafter amended.
[ 1977 ex.s. c 72 s 1; 1971 ex.s. c 240 s 21.]
Notes of Decisions
Cited in 54 cases (3 in the last 5 years), 1973–2024 · leading case: Sintra, Inc. v. City of Seattle, 935 P.2d 555 (Wash. 1997).
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Sintra, Inc. v. City of Seattle, 935 P.2d 555 (Wash. 1997). · cites it 12× “87 in attorney's fees under RCW 8.25.075 and 42 U.S.C. § 1988 . The City challenges the award of attorney's fees on three grounds.”
Sintra, Inc. v. City of Seattle, 131 Wash. 2d 640 (Wash. 1997). · cites it 11× “87 in attorney’s fees under RCW 8.25.075 and 42 U.S.C. § 1988 . The City challenges the award of attorney’s fees on three grounds.”
Petersen v. Port of Seattle, 618 P.2d 67 (Wash. 1980). · cites it 7× “See RCW 8.25.075. The Petersens appeal the denial of attorney and expert witness fees.”
Miotke v. City of Spokane, 678 P.2d 803 (Wash. 1984). · cites it 4× “II RCW 8.25.075 provides that a superior court rendering a judgment for the plaintiff awarding compensation for the taking of real property for public use without just compensation having been first made to the owner shall award or allow to such plaintiff costs including…”
Cent. Puget Sound Reg'l Transit Auth. v. Airport Inv. Co., 376 P.3d 372 (Wash. 2016). · cites it 6× “§ 4654 (a)(2), the federal analog to RCW 8.25.075. United States v. 122.00 Acres of Land, 856 F.”
Pub. Util. Dist. No. 1 v. Kottsick, 545 P.2d 1 (Wash. 1976). · cites it 4× “The appellants claim that they are entitled to fees pursuant to RCW 8.25.075, which provides: (1) A superior court having jurisdiction of a proceeding instituted by a condemnor to acquire real property shall award the condemnee costs including reasonable attorney fees and…”
Daviscourt v. Peistrup, 698 P.2d 1093 (Wash. Ct. App. 1985). · cites it 5× “Additional evidence of a legislative intent to authorize an attorney fee award where private property is taken for a public use is found in RCW 8.25.075, 9 which provides for reasonable attorney and expert witness fees in certain circumstances, e.”
Beckman v. Wilcox, 979 P.2d 890 (Wash. Ct. App. 1999). · cites it 4× “030 in light of RCW 8.25.075, a statute that contains a specific provision allowing a condemnee to recover attorney fees from a public condemnor who abandons the action.”
Sintra, Inc. v. City of Seattle, 829 P.2d 765 (Wash. 1992). · cites it 2× “We reverse the trial court's award of summary judgment on the wrongful interference claim. [16] Finally, Sintra contends that if it prevails, it is entitled to reasonable attorney fees under 42 U.”
Orion Corp. v. State, 693 P.2d 1369 (Wash. 1985). · cites it 2× “§ 1988 and RCW 8.25.075. The defendants moved for summary judgment, arguing principally that Orion had failed to exhaust available administrative remedies.”
Margola Assocs. v. City of Seattle, 854 P.2d 23 (Wash. 1993). · cites it 2× “The second statute Margola cites for receiving attorney fees is RCW 8.25.075(3): A superior court rendering a judgment for the plaintiff awarding compensation for the taking or damaging of real property for public use without just compensation having first been made to the owner…”
City of Snohomish v. Joslin, 513 P.2d 293 (Wash. Ct. App. 1973). · cites it 5× “” [An owner’s] right of recovery is founded upon, and grows out of, his title to the land, and until such title is lost by adverse possession, he should have the right to maintain an action to recover that which represents the property itself. The trial resulted in a jury award…”
Show all 54 citing cases →
— Wash. Rev. Code § 8.25.075(1) — 15 cases
Pub. Util. Dist. No. 1 v. Kottsick, 545 P.2d 1 (Wash. 1976). “The appellants claim that they are entitled to fees pursuant to RCW 8.25.075, which provides: (1) A superior court having jurisdiction of a proceeding instituted by a condemnor to acquire real property shall award the condemnee costs including reasonable attorney fees and…”
Htk Mgmt. v. Seattle Monorail Auth., 121 P.3d 1166 (Wash. 2005).
HTK Mgmt., L.L.C. v. Seattle Popular Monorail Auth., 155 Wash. 2d 612 (Wash. 2005).
Pub. Util. Dist. No. 1 v. State, 342 P.3d 308 (Wash. 2015).
Beckman v. Wilcox, 979 P.2d 890 (Wash. Ct. App. 1999). “030 in light of RCW 8.25.075, a statute that contains a specific provision allowing a condemnee to recover attorney fees from a public condemnor who abandons the action.”
— Wash. Rev. Code § 8.25.075(1)(a) — 3 cases
City Of Sammamish, V. John Titcomb, Jr., Linde R. Behringer, & King Cnty., 525 P.3d 973 (Wash. Ct. App. 2023).
City of Seattle v. McCoy, 48 P.3d 993 (Wash. Ct. App. 2002).
City Of Redmond v. Union Shares Llc (Wash. Ct. App. 2017).
— Wash. Rev. Code § 8.25.075(1)(b) — 4 cases
Cent. Puget Sound Reg'l Transit Auth. v. Airport Inv. Co., 376 P.3d 372 (Wash. 2016). “§ 4654 (a)(2), the federal analog to RCW 8.25.075. United States v. 122.00 Acres of Land, 856 F.”
Port of Grays Harbor v. Citifor, Inc., 869 P.2d 1018 (Wash. 1994).
Port v. Bankr. Est., 869 P.2d 417 (Wash. Ct. App. 1994).
Cent. Puget Sound Reg'l Transit Auth. v. Airport Inv. Co. (Wash. 2016).
— Wash. Rev. Code § 8.25.075(2) — 6 cases
Daviscourt v. Peistrup, 698 P.2d 1093 (Wash. Ct. App. 1985). “Additional evidence of a legislative intent to authorize an attorney fee award where private property is taken for a public use is found in RCW 8.25.075, 9 which provides for reasonable attorney and expert witness fees in certain circumstances, e.”
B & W Constr., Inc. v. City of Lacey, 577 P.2d 583 (Wash. Ct. App. 1978).
Pub. Util. Dist. No. 1 v. Kottsick, 545 P.2d 1 (Wash. 1976). “The appellants claim that they are entitled to fees pursuant to RCW 8.25.075, which provides: (1) A superior court having jurisdiction of a proceeding instituted by a condemnor to acquire real property shall award the condemnee costs including reasonable attorney fees and…”
City of Seattle v. P. B. Inv. Co., 524 P.2d 419 (Wash. Ct. App. 1974).
Michelle Merceri, V. State Of Wa Dept. Of Transp. (Wash. Ct. App. 2024).
— Wash. Rev. Code § 8.25.075(3) — 16 cases
Sintra, Inc. v. City of Seattle, 935 P.2d 555 (Wash. 1997). “87 in attorney's fees under RCW 8.25.075 and 42 U.S.C. § 1988 . The City challenges the award of attorney's fees on three grounds.”
Sintra, Inc. v. City of Seattle, 131 Wash. 2d 640 (Wash. 1997). “87 in attorney’s fees under RCW 8.25.075 and 42 U.S.C. § 1988 . The City challenges the award of attorney’s fees on three grounds.”
Sintra, Inc. v. City of Seattle, 829 P.2d 765 (Wash. 1992). “We reverse the trial court's award of summary judgment on the wrongful interference claim. [16] Finally, Sintra contends that if it prevails, it is entitled to reasonable attorney fees under 42 U.”
Margola Assocs. v. City of Seattle, 854 P.2d 23 (Wash. 1993). “The second statute Margola cites for receiving attorney fees is RCW 8.25.075(3): A superior court rendering a judgment for the plaintiff awarding compensation for the taking or damaging of real property for public use without just compensation having first been made to the owner…”
City of Wheat Ridge v. Cerveny, 913 P.2d 1110 (Colo. 1996).
— Wash. Rev. Code § 8.25.075(l)(a) — 1 case
City of Seattle v. McCoy, 48 P.3d 993 (Wash. Ct. App. 2002).
— Wash. Rev. Code § 8.25.075(l)(b) — 3 cases
Port of Grays Harbor v. Bankr. Est. of Roderick Timber Co., 869 P.2d 417 (Wash. Ct. App. 1994).
Cent. Puget Sound Reg'l Transit Auth. v. Airport Inv. Co. (Wash. 2016).
HTK Mgmt., LLC v. Rokan Partners, 162 P.3d 1147 (Wash. Ct. App. 2007).
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