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STATE v. COSTICH

Nos. 21114-2-III, 21243-2-III.

72 P.3d 190 (2003)

117 Wash.App. 491

STATE of Washington, Appellant, v. Elroy COSTICH; Elroy Costich as trustee under the Costich Living Trust, Respondents, Spokane County, Defendant. State of Washington, Respondent, v. Elroy Costich; Elroy Costich as trustee under the Costich Living Trust, Appellants, Spokane County, Defendant.

Court of Appeals of Washington, Division 3, Panel Nine.

June 19, 2003.

Attorney(s) appearing for the Case

John F. Salmon, Assistant Attorney General, Olympia, WA, for Appellant.

Robert A. Dunn, Kevin W. Roberts, Dunn & Black, Spokane, WA, for Respondents.

SWEENEY, J.

In a condemnation action, the State must have a written offer of settlement in effect for 30 days before a trial to fix just compensation. RCW 8.25.070(1). If the jury's compensation award exceeds that offer by more than 10 percent, the landowner gets attorney fees and costs. Here, the State made what it called an "all-inclusive offer." But, when pressed by the landowner to specify the amount of just compensation...

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