Galvis v. State, Dept. of Transp.

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Abstract:

Galvis v. State, Dept. of Transp., 167 P. 3d 584 - Wash: Court of Appeals, 2nd Div. 2007

      This landmark case questions the constitutionality of the Highway Access Management Act (HAMA).  The contention lies over the fact that while HAMA authorizes a taking of private property by the state, it allows an administrative hearing instead of a jury trial. 

            The court found that while the Washington constitution does require that a jury decide the amount of damages awarded for a taking, the language does not require that a jury must decide whether a taking has occurred.  Therefore, the administrative hearing created through HAMA is constitutional and legal in deciding whether or not an actual taking has occurred.  The court reversed the prior court’s decision to award the plaintiffs attorney fees.

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