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STATE v. ROTH

No. 41097.

78 Wn.2d 711 (1971)

479 P.2d 55

THE STATE OF WASHINGTON, Respondent, v. ROSA ROTH et al., Appellants.

The Supreme Court of Washington, En Banc.

January 7, 1971.

Attorney(s) appearing for the Case

Ned Hall, for appellants.

The Attorney General, James R. Cunningham and James F. Huey, Assistants, for respondent.

STAFFORD, J.

This is an action in eminent domain. The property owners appeal from a judgment which failed to include an award for attorney and expert witness fees.

Article 1, section 16 of the Washington State Constitution, as amended by amendment 9, provides that private property shall not be taken or damaged for public use without "just compensation" having first been made. Originally the determination of "just compensation" was limited to an inquiry of...

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