Posted without significant comment, the Court of Appeals of Washington’s recent unpublished opinion in Darland v. Snoqualmie Pass Utility District, No. 36002-4-III (July 16, 2019):
Snoqualmie Pass Utility District argues that the subsequent purchaser rule bars the Darlands’ inverse condemnation claim. We agree.
In Hoover v. Pierce County, 79 Wn. App. 427, 433, 903 P.2d 464 (1995), this court reinforced the general rule that a grantee or purchaser of land cannot sue for a taking or injury occurring prior to his acquisition of title, but rather, the subsequent purchaser may sue only for a new injury or taking. A prior owner’s right to damages for injury to property does not pass to a subsequent purchaser unless expressly conveyed. Crystal Lotus Enterprises Ltd. v. City of Shoreline, 167 Wn. App. 501, 505 n.8, 274 P.3d 1054 (2012). An exception to the doctrine exists when additional governmental action causes a measureable decline in market value during the claimant’s ownership. Wolfe v. Department of Transportation, 173 Wn. App. at 308 (2013).
Louis Leclezio paid the assessments. Any additional governmental action purportedly occurred on July 18, 2001. At that time, Miller Shingle Company and Leclezio owned the property. Michael Darland and Myrna Darland did not acquire title to the property until 2003.
Slip op. at 28.
Darland v. Snoqualmie Pass Utility Dist., No. 36002-4-III (Wn. App. July 16, 2019) (unpub.)