Abstract
This Note advocates for Washington courts to adopt a system that universally allows evidence of environmental contamination on the private property taken in eminent domain proceedings. Part I of this Note discusses the history and progression of eminent domain and the broader constitutional roots of the Takings Clause. Part II explores Washington’s environmental remediation statute. Part III details the various approaches jurisdictions around the county have formulated to deal with this issue. Part IV argues Washington courts should adopt the inclusionary approach, which allows the introduction of environmental evidence in eminent domain proceedings.
Recommended Citation
Evan C. Heaney, A Cost to Bear—Environmental Contamination and Eminent Domain, 45 SEATTLE U. L. REV. 1247 (2023).
Included in
Administrative Law Commons, Constitutional Law Commons, Courts Commons, Environmental Law Commons, Health Law and Policy Commons, Jurisdiction Commons, Land Use Law Commons, Legal History Commons, Legislation Commons, Other Law Commons, Property Law and Real Estate Commons, State and Local Government Law Commons