City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 12
Chapter 12.02
Section 12.02.0505
 

Title 12 Public Ways and Property

Chapter 12.02 Obstruction, Encroachment of Public Ways

Article III. Skywalks

Section 12.02.0505 Early Permit Termination - Compensation

  1. Each skywalk agreement executed pursuant to SMC 12.02.0430 shall (i) be in the nature of a permit, and (ii) shall include language describing the terms upon which the agreement may be terminated, including, without limitation, public convenience or need for use of the public right of way. In the event of such termination, the City will cause the skywalk to be removed from the public airspace at its own cost and expense.

  2. The City will compensate the permittee for the loss of the use of the skywalk because of this section for the remainder of the term of the permit on the basis of the actual construction cost amortized over the entire term of the permit.

  3. By accepting this permit and/or exercising the rights granted hereunder, the permittee and his successors, designees and assignees, and all adjoining property owners given access to the skywalk system, must agree to limit all claims for compensation to a proportionate sum to be derived under the method set forth hereinabove for determining the amount of just compensation for the loss of the use of the pedestrian skywalk, and that method shall be the sole and exclusive method for measuring the total damages and just compensation to private property resulting from such an exercise of the eminent domain power or other powers and rights by the City of Spokane.

Date Passed: Monday, March 5, 2018

Effective Date: Saturday, April 21, 2018

ORD C35592 Section 2