Hallauer v. Spectrum Properties, Inc.

(dissenting) — Wilbur and Josephine Hallauer contend the trial court and Court of Appeals erred when each dismissed their complaint to condemn a private way of necessity, and a majority of our court agrees a private right of condemnation is available under these circumstances. Specifically, the issue here is whether a certified water right entitles private parties to condemn land “necessary” to utilize that water right notwithstanding other sources of water available for their use absent condemnation.

A. Const. art. I, § 16, and chapter 8.24 RCW

The Washington Constitution generally prohibits…