119 Wash. 372 | Wash. | 1922
— This case is brought here by writ of certiorari, to review an order of the superior court adjudging that a reasonable necessity existed for the condemning of a private way of necessity across lands owned by the relators. The respondents are the owners of Driscoll Island, in Okanogan county, which consists of approximately 170 acres of land lying in triangular shape between Similkameen river on the west and the Okanogan river on the east and south, and a slough or arm connecting the two rivers on the north. Both the slough and Okanogan river can be forded by teams at all times except during a period of high water
The trial court found that the road proposed by the respondents was the only “practicable outlet from plaintiffs’ [respondents’] said premises to a public road. ” It is necessary to inquire whether the road proposed by the respondents is the only practicable or feasible one by which the respondents will have access to a public highway. Any way out would require
“Crossing over the Okanogan is prohibitive from several points of view (S. F. 25): one is the length of a bridge; it will be very nearly twice as long as a bridge crossing the slough, and from that point of view alone it would be very nearly double the expense to construct a trestle bridge across there. Second, you are going to have to provide against any undue current, any flood water that might come down the Okanogan, which you would not in the slough, as there would be no current to speak of; and the third reason is climbing a steep grade to cross the railroad on a curve.”
There being no other practicable or feasible road out other than that proposed, a reasonable necessity existed' therefor. The case of State ex rel. Carlson v. Superior Court, supra, relied on by the relators, is easily distinguishable. In that case the condemnation of a private road of necessity was sought by one who had a way out over other premises which was capable of being made usable at an expense which was within reasonable bounds. It was there held that the petitioner had not maintained the burden of proof that a reasonable necessity existed, and that he had gone no farther than to show that the way which he sought to
In the present case, as already suggested, the respondents had no other feasible or practicable way out, and therefore a reasonable necessity existed for making the condemnation.
The judgment will be affirmed.
Parker, O. J., Mackintosh, Holcomb, and IIovey, JJ., concur.