§ 8.04.005 Condemnation final actions — Notice requirements
§ 8.04.010 Petition for appropriation — Contents
§ 8.04.020 Notice — Contents — Service — Publication
§ 8.04.060 Adjournment of proceedings — Further notice
§ 8.04.070 Hearing — Order adjudicating public use
§ 8.04.080 Order to direct determination of damages and offsetting benefits
§ 8.04.090 Order for immediate possession — Payment of tender into court
§ 8.04.092 Determination of adequacy of payment — Jury trial — Costs
§ 8.04.094 Demand for trial — Time of trial — Decree of appropriation
§ 8.04.097 Acquisition when several ownerships
§ 8.04.098 Acquisition when several ownerships — Public use
§ 8.04.099 Acquisition when several ownerships — Selection of single jury
§ 8.04.100 Cases may be consolidated for trial
§ 8.04.110 Trial — Damages to be found
§ 8.04.112 Damages to buildings
§ 8.04.114 Damages to buildings — Where based on readjustment or moving
§ 8.04.120 Judgment — Decree of appropriation — Recording
§ 8.04.130 Payment of damages — Effect — Costs — Appellate review
§ 8.04.140 Claimants, payment of — Conflicting claims
§ 8.04.150 Appellate review
§ 8.04.160 Award, how paid into court
§ 8.04.170 Condemnation for military purposes
§ 8.04.180 Condemnation for military purposes — Construction

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Terms Used In Washington Code > Chapter 8.04 - Eminent domain by state

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Certificate: means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program. See Washington Code 70A.212.020
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous wastes: means any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:
Washington Code 70A.300.010
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: shall mean the state department of ecology;
  • Washington Code 70A.210.020
  • Department: means the department of ecology. See Washington Code 70A.212.020
  • Department: means the department of ecology. See Washington Code 70A.214.020
  • Department: means the department of ecology. See Washington Code 70A.218.010
  • Department: means the department of ecology. See Washington Code 70A.300.010
  • Designated zone facility: means any facility that requires an interim or final status permit under rules adopted under this chapter and that is not a preempted facility as defined in this section. See Washington Code 70A.300.010
  • Devise: To gift property by will.
  • Director: means the director of the department of ecology. See Washington Code 70A.212.020
  • Director: means the director of the department of ecology or the director's designee. See Washington Code 70A.214.020
  • Director: means the director of the department of ecology or the director's designee. See Washington Code 70A.300.010
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disposal site: means a geographical site in or upon which hazardous wastes are disposed of in accordance with the provisions of this chapter. See Washington Code 70A.300.010
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Extremely hazardous waste: means any dangerous waste which:
  • Washington Code 70A.300.010
  • facilities: shall mean any land, building, structure, machinery, system, fixture, appurtenance, equipment or any combination thereof, or any interest therein, and all real and personal properties deemed necessary in connection therewith whether or not now in existence, which is used or to be used by any person, corporation or municipality in furtherance of the purpose of abating, controlling or preventing pollution;
  • Washington Code 70A.210.020
  • Facility: means all contiguous land and structures, other appurtenances, and improvements on the land used for recycling, storing, treating, incinerating, or disposing of hazardous waste. See Washington Code 70A.300.010
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee: means the annual hazardous waste fees imposed under RCW 70A. See Washington Code 70A.214.020
  • Fee: means the annual fees imposed under this chapter. See Washington Code 70A.218.010
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Generate: means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation. See Washington Code 70A.214.020
  • Generate: means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation. See Washington Code 70A.218.010
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: shall mean the body or bodies in which the legislative powers of the municipality are vested;
  • Washington Code 70A.210.020
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous household substances: means those substances identified by the department as hazardous household substances in the guidelines developed under RCW 70A. See Washington Code 70A.300.010
  • Hazardous substance: means any hazardous substance listed as a hazardous substance as of March 21, 1990, pursuant to section 313 of Title III of the Superfund Amendments and Reauthorization Act, any other substance determined by the director by rule to present a threat to human health or the environment, and all ozone depleting compounds as defined by the Montreal Protocol of October 1987. See Washington Code 70A.214.020
  • Hazardous substance use reduction: includes proportionate changes in the usage of hazardous substances as the usage of a hazardous substance or hazardous substances changes as a result of production changes or other business changes. See Washington Code 70A.214.020
  • Hazardous substance user: means any facility required to report under section 313 of Title III of the Superfund Amendments and Reauthorization Act, except for those facilities which only distribute or use fertilizers or pesticides intended for commercial agricultural applications. See Washington Code 70A.214.020
  • Hazardous substances: means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under this chapter. See Washington Code 70A.300.010
  • Hazardous waste: means and includes all dangerous and extremely hazardous wastes, but does not include radioactive wastes or a substance composed of both radioactive and hazardous components and does not include any hazardous waste generated as a result of a remedial action under state or federal law. See Washington Code 70A.214.020
  • Hazardous waste: means and includes all dangerous and extremely hazardous wastes but for the purposes of this chapter excludes all radioactive wastes or substances composed of both radioactive and hazardous components. See Washington Code 70A.218.010
  • Hazardous waste: means and includes all dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components. See Washington Code 70A.300.010
  • Hazardous waste generator: means any person generating hazardous waste regulated by the department. See Washington Code 70A.214.020
  • Hazardous waste generator: means all persons whose primary business activities are identified by the department to generate any quantity of hazardous waste in the calendar year for which the fee is imposed. See Washington Code 70A.218.010
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local government: means a city, town, or county. See Washington Code 70A.300.010
  • Moderate-risk waste: means (a) any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation, and (b) any household wastes which are generated from the disposal of substances identified by the department as hazardous household substances. See Washington Code 70A.300.010
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage: shall mean a mortgage or a mortgage and deed of trust or other security device;
  • Washington Code 70A.210.020
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipality: shall mean any city, town, county, port district, or water-sewer district in the state; and
  • Washington Code 70A.210.020
  • Nationally recognized association of certification authorities: shall mean that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and wastewater facilities and certification of operators, facilitates reciprocity between state programs and assists authorities in establishing new certification programs and updating existing ones. See Washington Code 70A.212.020
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the office of waste reduction. See Washington Code 70A.214.020
  • Operator in responsible charge: means an individual who is designated by the owner as the person on-site in responsible charge of the routine operation of a wastewater treatment plant. See Washington Code 70A.212.020
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chair of the county legislative authority or the chair's designee; in the case of a water-sewer district, board of public utilities, association, municipality, or other public body, the president or chair of the body or the president's or chair's designee; in the case of a privately owned wastewater treatment plant, the legal owner. See Washington Code 70A.212.020
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government, including any agency or officer thereof, and any Indian tribe or authorized tribal organization. See Washington Code 70A.214.020
  • Person: means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government including any agency or officer thereof, and any Indian tribe or authorized tribal organization. See Washington Code 70A.218.010
  • Person: means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever. See Washington Code 70A.300.010
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Personal property: All property that is not real property.
  • Plan: means the plan provided for in RCW 70A. See Washington Code 70A.214.020
  • Pollution: shall mean any form of environmental pollution, including but not limited to water pollution, air pollution, land pollution, solid waste disposal, thermal pollution, radiation contamination, or noise pollution. See Washington Code 70A.210.020
  • Preempted facility: means any facility that includes as a significant part of its activities any of the following operations: (a) Landfill, (b) incineration, (c) land treatment, (d) surface impoundment to be closed as a landfill, or (e) waste pile to be closed as a landfill. See Washington Code 70A.300.010
  • Price deflator: means the United States department of commerce bureau of economic analysis, "Implicit Price Deflator for Gross National Product" for "Government Purchases of Goods and Services" for "State and Local Government. See Washington Code 70A.218.010
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means all industrial, commercial, production, and other processes that result in the generation of waste. See Washington Code 70A.214.020
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recycled for beneficial use: means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not include: (a) Use constituting disposal; (b) incineration; or (c) use as a fuel. See Washington Code 70A.214.020
  • Recycled for beneficial use: means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not include: (a) Use constituting disposal; (b) incineration; or (c) use as a fuel. See Washington Code 70A.218.010
  • Recycling: means reusing waste materials and extracting valuable materials from a waste stream. See Washington Code 70A.214.020
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Treatment: means the physical, chemical, or biological processing of waste to render it completely innocuous, produce a recyclable by-product, reduce toxicity, or substantially reduce the volume of material requiring disposal as described in the priorities established in RCW 70A. See Washington Code 70A.214.020
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Used oil: means (a) lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; (b) any oil that has been refined from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and (c) any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no longer useful to the original purchaser. See Washington Code 70A.214.020
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Verdict: The decision of a petit jury or a judge.
  • Waste: means any solid waste as defined under RCW 70A. See Washington Code 70A.214.020
  • Waste generation site: means any geographical area that has been assigned an EPA/state identification number. See Washington Code 70A.218.010
  • Waste generator: means any individual, business, government agency, or any other organization that generates waste. See Washington Code 70A.214.020
  • Waste reduction: means all in-plant practices that reduce, avoid, or eliminate the generation of wastes or the toxicity of wastes, prior to generation, without creating substantial new risks to human health or the environment. See Washington Code 70A.214.020
  • Wastewater treatment plant: means a facility used to treat any liquid or waterborne waste of domestic origin or a combination of domestic, commercial, or industrial origin, and which by its design requires the presence of an operator for its operation. See Washington Code 70A.212.020