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Current as of January 01, 2025 | Updated by Findlaw Staff
Whenever land, real estate, premises or other property is to be taken or damaged for a highway, road, or street and the amount offered as just compensation includes a setoff in recognition of special benefits accruing to a remainder portion of the property the property owner shall elect one of the following options:
(1) Trial on the question of just compensation which shall finally determine the amount of just compensation; or
(2) Acceptance of the offered amount as a final determination of just compensation; or
(3) Demand the full amount of the fair market value of any property taken plus the amount of damages if any caused by such acquisition to a remainder of the property without offsetting the amount of any special benefits accruing to a remainder of the property as those several amounts are agreed to by the parties; or
(4) Demand a trial before a jury unless jury be waived to establish the fair market value of any property taken and the amount of damages if any caused by such acquisition to a remainder of the property without offsetting the amount of any special benefits accruing to a remainder of the property.
The selection of the option set forth in subsections (3) or (4) of this section is subject to the consent by the property owner to the creation and recording of a lien against the remainder in the amount of the fair market value of any property taken plus the amount of damages caused by such acquisition to the remainder of the property without offsetting the amount of any special benefits accruing to a remainder of the property, plus interest as it accrues.
Cite this article: FindLaw.com - Washington Revised Code Title 8. Eminent Domain § 8.25.220. Special benefits to remaining property--Options--Election by owner--Consent to creation of lien - last updated January 01, 2025 | https://codes.findlaw.com/wa/title-8-eminent-domain/wa-rev-code-8-25-220/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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