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.

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Terms Used In Washington Code 8.24.030

  • private way of necessity: as used in this chapter , shall mean and include a right-of-way on, across, over or through the land of another for means of ingress and egress, and the construction and maintenance thereon of roads, logging roads, flumes, canals, ditches, tunnels, tramways and other structures upon, over and through which timber, stone, minerals or other valuable materials and products may be transported and carried. See Washington Code 8.24.010
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.

NOTES:

Condemnation by corporations: Chapter 8.20 RCW.
RailroadsCorporate 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 universityRights-of-way to railroads: RCW 28B.20.330.