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The City Could Still Take the Land

Judge Humes ruled that Seattle’s constitutional debt limit does not interfere with eminent domain, clearing the way for the Howell Street extension through the Ivey property.

The constitutional limit of indebtedness has no bearing on the right of eminent domain vested in the city, according to a decision of Judge Humes in the superior court yesterday.

The question arose in the case of the city vs. Edwin Ivey et ux., in a proceeding to condemn land for the extension of Howell street. The defendants filed an answer setting up as a bar to the action that the city had exceeded its constitutional limit of debt, and therefore had no right to bring the condemnation suit. The answer was demurred to, and yesterday the court sustained the demurrer, practically nullifying the Iveys’ defense. The action will probably now proceed to final adjudication, and the court will fix the amount of damages for the property, as prayed for in the complaint.

“The constitutional limit of indebtedness has no bearing on the right of eminent domain vested in the city.”

— Printed in The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895
Then · 1895131 years apartNow · 2026

Eminent domain remains a live Seattle issue as the city builds through private property for transit, bike lanes and street projects. The 1895 ruling separated the question of whether a project is legal from whether a city has borrowed too much — an argument that still echoes in fights over municipal debt and public works.

The original page

The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-02-03. Library of Congress, Chronicling America.

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From
The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, FEB 3, 1895, Page 6
Text
Cleaned up from the page — spelling and layout repaired — not a word-for-word transcription. The page itself is above, for exact wording.
Rights
Public domain
Place
47.61768, -122.32949 · placed automatically
The paper in the Library of Congress catalog ↗