Generally, a body with the power of eminent domain cannot condemn the property of a higher sovereign. But the key inquiry seems to be, is the current use a public use, since there is a doctrine of prior public use which holds that a condemnor may not condemn property already being used for a public purpose if the proposed use “will either destroy the existing (public) use or interfere with it to such an extent as is tantamount to destruction.” Okanogan County PUD v State, 182 Wn2d 519, 538-539 (2015). … read more
November 13, 2018