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1. See Bradley v. American Smelting and Refining Co., 104 Wn.2d, 677, 690–91, 709
P.2d 782 (1985); see also Restatement
(Second) of Torts § 158 (1965). “Liability
for Intentional Intrusions on Land.” One
is subject to liability to another for trespass, irrespective of whether he thereby
causes harm to any legally protected
interest of the other, if he intentionally
(a) enters land in the possession of the
other, or causes a thing or a third person
to do so; or (b) remains on the land; or
(c) fails to remove from the land a thing
which he is under a duty to remove.
2. See Bradley, 104 Wn.2d at 691 (“When,
however, the particles or substance accumulates on the land and does not pass
away, then a trespass has occurred”).
3. Kitsap County v. Allstate Ins. Co., 136
Wn.2d 567, 592, 964 P.2d 1173 (1998).
4. RCW 7. 48.010; see also RCW 7. 48.120.
RCW 7. 48.120 provides a more specific
definition of the elements of a nuisance
action, which includes acts that annoy,
injure, endanger the comfort, repose,
health, or safety of others, offends decency, or unlawfully interferes with passage.
5. See, e.g., Ackerman v. Port of Seattle, 55
Wn.2d 400, 348 P.2d 664 (1960) (
finding that landowner was entitled to recover for taking of easement by low flying planes); Cheskov v. Port of Seattle, 55
Wn.2d 416, 348 P.2d 673 (1960) (finding
that airplane travel within the “public
domain” is not a technical trespass);
Martin v. Port of Seattle, 64 Wn.2d 309,
391 P.2d 540 (1964) (finding that no
physical invasion of airspace is needed
to prove taking by airport); Highline Sch.
Dist. No. 401, King Cnty. v. Port of Seattle, 87 Wn.2d 6, 548 P.2d 1085 (1976)
(finding that airport could give rise to a
claim for taking).