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Title: HIGHEST COURT OF WASHINGTON DECIDES TAKING OF PROPERTY WITHIN A CLOVERLEAF INTERCHANGE WAS FOR A PUBLIC USE AND WAS NECESSARY
Accession Number: 00238613
Record Type: Component
Abstract: IN ORDER TO ESTABLISH A LIMITED ACCESS HIGHWAY, THE STATE HIGHWAY COMMISSION FOUND IT NECESSARY TO RELOCATE HIGHWAY NO. 5, OR LINDEN DRIVE, IN SUMNER, WASHINGTON, AND CONDEMNED 1.95 ACRES OF VALUABLE INCOME PROPERTY. THE STATE PLANNED TO CONSTRUCT A PARTIAL CLOVERLEAF. THE TRIAL COURT ALLOWED THEM TO CONDEMN THE PORTION OF PROPERTY NECESSARY TO REBUILD HIGHWAY NO. 5 BUT, BY 'RE-ENGINEERING' ANOTHER PORTION OF PROPERTY, SAW NO REASON TO CONDEMN IT BECAUSE IT WAS NOT FOR A PUBLIC PURPOSE. WHEN THE STATE APPEALED, THE SUPREME COURT STATED THAT THE TRIAL COURT HAD DESTROYED THE CHARACTERISTICS OF A LIMITED-ACCESS HIGHWAY. THE COURT STRESSED THE FACT THAT THE USE OF LAND FOR HIGHWAY PURPOSES WAS A PUBLIC ONE AND THAT PUBLIC INTEREST REQUIRED THE BUILDING AND MAINTENANCE OF HIGHWAYS. THEREFORE, IT WAS NECESSARY TO CONDEMN THE PROPERTY. (STATE V. DAWES, 404 P.2D 20, JUNE 1965)
Supplemental Notes: No 16, pp 3-5, 1 FIG. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
Publication Date: 1966-2
Serial: Media Type: Digital/other
TRT Terms: Old TRIS Terms: Subject Areas: Highways; Law
Files: TRIS, TRB
Created Date: Feb 10 1994 12:00AM
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