City of Kent v. Padua

In 1967, the legislature provided for the limited payment of attorney’s fees and costs in eminent domain proceedings if the condemnee agreed to give immediate possession. Laws of 1967, Ex. Ses., ch. 137, § 3, p. 2208; RCW 8.25.070. The Paduas, owners of property under condemnation by the City of Kent did not tender possession, but nevertheless seek their attorney’s fees as a matter of fair and equal protection of the laws.

The City of Kent brought this petition in eminent do main for the purpose of improving South 212th Street. It seeks to condemn and acquire outright some of the Paduas’ real…