In the news the other day I saw a story that depicts the way landowners should react when faced with having their land condemned. Although this is not a Washington State Eminent Domain case, it is a good reflection of the way things normally work and a good indicator of why you need someone to help you determine if the state's offer of just compensation is reputable.
The condemnation takes place in Salt Lake City, Utah, where property is needed for a federal courthouse. Now, it seems pretty clear to me this is a case where the land to be taken really is for a public use and necessity; the property will be used for a courthouse. But just because the property is going to be used for the public doesn't mean the landowner should give it away for anything less than just compensation. In this case the landowner, Port O' Call social club, has refused to accept the state's offer of just compensation. And it sounds like they are a long way off. This may be because the landowner has an over inflated view of what his property is worth, but the more likely scenario is that the appraiser for the city just missed something.
One other thing I'd like to point out here is that the landowner's got an expert involved on their side very early in the fight - and it wasn't necessarily an appraiser. Even though through Washington State Eminent Domain law you are entitled to $750 to evaluate the state's offer of just compensation, often $750 isn't enough to do your own appraisal. You need someone who can evaluate the state's offer, who has just as much experience as the state in assessing private property for public use. Don't be afraid to ask someone to help you make sure you are being paid what you are owed.
Condemning authorities have attorneys working for them, and so should you. If your Washington State property is being taken by Washington State eminent domain please contact a Washington State eminent domain lawyer for a consultation today.
Monday
Washington Eminent Domain Taking | Taking or Money?
If your land is being taken through the Washington Eminent Domain Statutes, two primary issues are presenting themselves. First, it needs to be determined if the eminent domain taking is lawful. And second, it needs to be determined if the price for your taking is the correct price (what someone would pay for your property if you stuck a for sale sign in the ground and tried to sell it - fair market value).
The first issue is the one that gets all the headlines and is discussed by many prominent Washington eminent domain lawyers. It is also the one that most people are concerned about. It never seems fair that the government can come in and take your property against your will. The fact is, though, the government can take your property, and we have to consider ourselves lucky enough that the founders of this country at least make governments pay for what they take (almost no other countries provide this right). It is only in very rare circumstances that the government will not be able to take your property through eminent domain.
The second issue is the one I deal primarily with, and is the place where landowners leave a lot of money on the table simply because they are not experienced enough to know what to do. As I've said before, if your property is being taken through eminent domain, the Washington governmental entity taking it has to give you $750 to investigate their appraisal. My advice to you is NOT to spend this on getting your own appraisal. Find an experienced eminent domain attorney and pay them to evaluate your property, the taking, and the government's offer of just compensation. If that lawyer thinks you can get more, let them negotiate for you. It impossible to promise anything, but in many circumstances a good Washington eminent domain lawyer can get significantly more money than the condemning authority will offer you. Whether your property is in Seattle, Bellevue, Tacoma, Olympia, Spokane, Pullman, Kennewick, Yakima, or anywhere else, an experienced Washington condemnation attorney can help you get the fair market value of your property.
Condemning authorities have attorneys working for them, and so should you. If your Washington land is being taken by eminent domain please contact a Washington eminent domain lawyer today.
The first issue is the one that gets all the headlines and is discussed by many prominent Washington eminent domain lawyers. It is also the one that most people are concerned about. It never seems fair that the government can come in and take your property against your will. The fact is, though, the government can take your property, and we have to consider ourselves lucky enough that the founders of this country at least make governments pay for what they take (almost no other countries provide this right). It is only in very rare circumstances that the government will not be able to take your property through eminent domain.
The second issue is the one I deal primarily with, and is the place where landowners leave a lot of money on the table simply because they are not experienced enough to know what to do. As I've said before, if your property is being taken through eminent domain, the Washington governmental entity taking it has to give you $750 to investigate their appraisal. My advice to you is NOT to spend this on getting your own appraisal. Find an experienced eminent domain attorney and pay them to evaluate your property, the taking, and the government's offer of just compensation. If that lawyer thinks you can get more, let them negotiate for you. It impossible to promise anything, but in many circumstances a good Washington eminent domain lawyer can get significantly more money than the condemning authority will offer you. Whether your property is in Seattle, Bellevue, Tacoma, Olympia, Spokane, Pullman, Kennewick, Yakima, or anywhere else, an experienced Washington condemnation attorney can help you get the fair market value of your property.
Condemning authorities have attorneys working for them, and so should you. If your Washington land is being taken by eminent domain please contact a Washington eminent domain lawyer today.
Thursday
Washington Eminent Domain Law | Yakima Owner Receives Just Compensation
I just read this story in the Yakima Herald about a woman that received just compensation for having her land taken for a road improvement project in Selah, Washington. It appears Yakima County needed the woman's property for a county road improvement project. Although they just took a strip off the front of her property, her septic system was damaged, a historically significant fence was taken, and several very large oak trees were removed. As compensation, Yakima County officials offered about $44,000. The woman valued the taking at $190,000. After a trial she was awarded $170,000.
Although this may not be the case in all circumstances, this is a great example of why you should review eminent domain appraisals with a Washington condemnation lawyer. Its not necessarily that the government always undervalues landowner's property when they are taking it through eminent domain, but these numbers don't lie. And as I've said before, you are afforded $750 by the government to review the government's offer of just compensation. This is money you have to spend to receive. Use this money not to hire an appraiser, but someone that is an expert in eminent domain law (the rules for property appraisal are significantly different in eminent domain situations - any appraisal done on your property needs the direction of someone experienced in eminent domain law).
This Selah, Washington woman did the right thing. She challenged the government's analysis of the value of her property. And she was paid handsomely for it. Don't be the one who doesn't do everything they can to make sure they are paid fully for the taking of their property.
Condemning authorities have attorneys working for them, and so should you. If your Washington land is being taken by eminent domain please contact a Washington eminent domain lawyer for a consultation today.
Although this may not be the case in all circumstances, this is a great example of why you should review eminent domain appraisals with a Washington condemnation lawyer. Its not necessarily that the government always undervalues landowner's property when they are taking it through eminent domain, but these numbers don't lie. And as I've said before, you are afforded $750 by the government to review the government's offer of just compensation. This is money you have to spend to receive. Use this money not to hire an appraiser, but someone that is an expert in eminent domain law (the rules for property appraisal are significantly different in eminent domain situations - any appraisal done on your property needs the direction of someone experienced in eminent domain law).
This Selah, Washington woman did the right thing. She challenged the government's analysis of the value of her property. And she was paid handsomely for it. Don't be the one who doesn't do everything they can to make sure they are paid fully for the taking of their property.
Condemning authorities have attorneys working for them, and so should you. If your Washington land is being taken by eminent domain please contact a Washington eminent domain lawyer for a consultation today.
Monday
Washington Condemnation Lawyer | Access vs. Routing
You may not believe it, but in Washington eminent domain law, there is a very large difference between access and routing. And depending upon which of the two is affecting your property, the determination of just compensation could be vastly different. Today I want to briefly discuss the differences between the two.
The right of access is a property right. And like your other property rights, it can be acquired by eminent domain. How is that valued, you might be asking? The calculation is done by determining what the property is worth if the access exists, and then determining what it is worth with the access gone. Sometimes this can be a very significant amount.
For example, a gas station that loses one entrance may no longer function as a gas station because cars cannot get in and out efficiently. If that was the case, that loss in value to the property would be paid to the landowner as part of his or her just compensation. This is where having a Washington eminent domain lawyer can come in very handy.
Let's take the gas station above (this is taken directly from one of my Kansas eminent domain cases by the way). Instead of being on a busy intersection, let's assume it is on a frontage road, but the frontage road opens up to the major road very close to the entrance of the gas station. The City of Seattle decides to do a road improvement project, closing the entrance from the major street to the frontage road, directly in front of your gas station. Now to get to your gas station the cars are going to have to go 1/2 mile down the road to an intersection and come back down the frontage road, causing a large loss of business.
In most cases this change in routing or loss of traffic flow, would not be a compensible item subject to just compensation. This falls under what is known as Seattle's police power, a power provided to keep the public safe and healthy. The way that traffic flows is primarily a function of safety, so the court's have determined this is not a compensible taking under condemnation law, even though in reality your gas station will likely have to close.
Condemning authorities have attorneys working for them, and so should you. If your Washington land is being taken by eminent domain please contact a Washington eminent domain lawyer for a consultation today.
Access is a Right - Traffic is Not
It is well settled case law that every property owner that has property which abuts, or sits up next to, a road, has a right of access to this road. Now, this doesn't necessarily mean the property owner has a right to put a driveway in wherever they want, but it does mean they have the right to put a driveway in somewhere. The reasoning behind recognizing this right is fairly straightforward - if you cannot get to and from your property for all intent and purposes it is worthless. Recognizing this right ensures properties abutting a road will have access to that road - unless access control is acquired by a governmental agency.The right of access is a property right. And like your other property rights, it can be acquired by eminent domain. How is that valued, you might be asking? The calculation is done by determining what the property is worth if the access exists, and then determining what it is worth with the access gone. Sometimes this can be a very significant amount.
For example, a gas station that loses one entrance may no longer function as a gas station because cars cannot get in and out efficiently. If that was the case, that loss in value to the property would be paid to the landowner as part of his or her just compensation. This is where having a Washington eminent domain lawyer can come in very handy.
The Flow of Traffic is not a Compensible Right
The difference between access and routing is subtle but very very important in your eminent domain case. The reason is routing and traffic flow, except under very specific circumstances, is not compensible. The best way to illustrate this is with another example.Let's take the gas station above (this is taken directly from one of my Kansas eminent domain cases by the way). Instead of being on a busy intersection, let's assume it is on a frontage road, but the frontage road opens up to the major road very close to the entrance of the gas station. The City of Seattle decides to do a road improvement project, closing the entrance from the major street to the frontage road, directly in front of your gas station. Now to get to your gas station the cars are going to have to go 1/2 mile down the road to an intersection and come back down the frontage road, causing a large loss of business.
In most cases this change in routing or loss of traffic flow, would not be a compensible item subject to just compensation. This falls under what is known as Seattle's police power, a power provided to keep the public safe and healthy. The way that traffic flows is primarily a function of safety, so the court's have determined this is not a compensible taking under condemnation law, even though in reality your gas station will likely have to close.
If Your Property is Being Affected Call a Washington Eminent Domain Attorney
The only way to know for sure if you deserve compensation for your loss is to consult a Washington condemnation attorney. Whether you are in Seattle, Yakima, Spokane, Tacoma, Olympia, Kennewick or anywhere in between you need help. Only after reviewing your property and what might happen will you be able to know for sure how your property has been affected.Condemning authorities have attorneys working for them, and so should you. If your Washington land is being taken by eminent domain please contact a Washington eminent domain lawyer for a consultation today.
Sunday
Seattle Washington Eminent Domain Law | Land Values
If you are reading this you probably live in Washington State, maybe even Seattle, and your property is being condemned, or taken thorough the power of eminent domain. Assuming your property is being taken for a public purposes (a road, government building, environmental mitigation, etc.) it is time to find a Washington State eminent domain lawyer to help you through this process.As soon you hire a condemnation attorney to assist you, the first thing they will do related to getting you the money you deserve for the taking of your property is try to determine what the value of your property is as a whole. So, for example, if you have agricultural ground, your attorney will try to determine what the agricultural land prices are in your area. If it is your home, residential prices will be examined, and so on.
The first thing your Seattle eminent domain lawyer will do is call the condemning authority and ask them for a copy of their appraisal of your property. To determine what you should be paid, an appraisal of your property must be completed. And, as you might expect, often these appraisals are riddled with errors. For the purposes of this post we are going to discuss the errors related to comparable sales.
The primary way the value of your property is determined is to look at other properties in the area that are similar to yours and see what they are going for. Then, depending on how similar your property is to the comparable property, adjustments will be made up and down to determine the value of your property.
For example, let's say you have a three bedroom townhouse in Wallingford, Seattle, Washington. The City of Seattle needs to take your house for the Seattle light rail project. The first thing they would do is hire an appraiser to go and look at recent sales in the area to find out what your house is worth. If they find a sale that say is in a similar location to yours but only has 2 bedrooms, they would then adjust the price of that home up to reflect the extra bedroom.
What? Where do they get the adjustment determination? Glad you asked. They make it up based loosely on the sales they see and their experience as appraisers. That is correct, your land is subject to a Washington eminent domain taking and the adjustments that will have a direct determination on your home value are extremely subjective. This is why you need to hire an expert in eminent domain - they have the experience necessary to see the holes in this evaluation and point those out to the people writing the check.
Another thing a condemnation lawyer can do for you is do the research required to make sure they didn't miss any properties that may help determine what your property is worth and that no other properties have sold in the meantime that increase the value of your property. In the example above, one single sale in the area for a high value could substantially affect the value of your home in an upward direction. We can find that sale (if it exists) and present it to the condemning authority in a way that is highly likely to get more money for your property.
Whatever you decide to do, take the time to really analyze how the condemning authority determined the value of your Washington property. You might be surprised how much value was left off the table.
Thursday
Eminent Domain Law | Going to Trial
I have an eminent domain trial on Monday. The facts are pretty simple. The state agency needed some properties to build public infrastructure. The taking consists of 0.6 acres. On that acreage sits a mobile home that was built in 1975, a 30x50 storage building that was built in 1975, and a 30x88 storage building that was built in 1960. The rental house is in fairly good shape. It was rented out at the time of taking. But the storage sheds were another story. They were standing and functional, but the big one had broken windows and missing siding and missing roof panels. The small one worked okay but was clearly getting on in years.
The state (I'm on their side this time) hired a certified appraiser who used all three recognized methods of property appraisal - cost replacement, sales comparison, and income capitalization (to be discussed more fully at a later time). After utilizing these three methods, he arrived at a value of the property of $55,000 (this is a property on the outskirts of a smallish farm town). His valuation of just compensation was based on facts and figures the market demonstrated. At an earlier hearing three disinterested appraisers determined just compensation to be $60,000.
Now, what does the landowner have to say? All he has to say is that he thinks the property is worth $195,000 because he can't go out and find a property like the one he currently has. He has no comparable sales, he has not done a correct replacement cost approach, and he has nothing other than his own story to rely on. $195,000! And he is going to trial armed only with this information.
Knowing this, wouldn't you think I'd be just as confident as all get out? Well, you would be thinking wrong. The wonderful thing about juries is that they provide an opportunity for anyone to be heard on an even ground. The very scary thing about juries is that often you have no idea what factors they will give weight to, and depending on which factors those are, the jury's decision could be dramatically different than you expected. Just so you know, if I had to guess I'd put the verdict at $75,000. It is a natural tendency for people to want to try to reach a middle ground. In these cases, it seems like they skew a little more toward the side they think has presented the best evidence (in this case it is my side).
So, lesson for the day, juries are great, but they are truly a crap shoot.
The state (I'm on their side this time) hired a certified appraiser who used all three recognized methods of property appraisal - cost replacement, sales comparison, and income capitalization (to be discussed more fully at a later time). After utilizing these three methods, he arrived at a value of the property of $55,000 (this is a property on the outskirts of a smallish farm town). His valuation of just compensation was based on facts and figures the market demonstrated. At an earlier hearing three disinterested appraisers determined just compensation to be $60,000.
Now, what does the landowner have to say? All he has to say is that he thinks the property is worth $195,000 because he can't go out and find a property like the one he currently has. He has no comparable sales, he has not done a correct replacement cost approach, and he has nothing other than his own story to rely on. $195,000! And he is going to trial armed only with this information.
Knowing this, wouldn't you think I'd be just as confident as all get out? Well, you would be thinking wrong. The wonderful thing about juries is that they provide an opportunity for anyone to be heard on an even ground. The very scary thing about juries is that often you have no idea what factors they will give weight to, and depending on which factors those are, the jury's decision could be dramatically different than you expected. Just so you know, if I had to guess I'd put the verdict at $75,000. It is a natural tendency for people to want to try to reach a middle ground. In these cases, it seems like they skew a little more toward the side they think has presented the best evidence (in this case it is my side).
So, lesson for the day, juries are great, but they are truly a crap shoot.
Monday
Washington Eminent Domain Lawyer | Damages to the Remainder
Being subjected to eminent domain in Washington state, whether it is Seattle, Yakima, Pullman, or some other town, is no fun. Assuming your property is needed for public purposes, the only thing you can do is make sure you extract all of the money that is due to you under Washington state eminent domain law.
One of the critical factors affecting just compensation are damages to the remainder. Damages to remainder include all those things that might devalue the property you have left after the government takes what it needs. It is a difficult concept sometimes to grasp without using examples. So examples you will have.
A great example of damages to the remainder happens when your property is severed. Severed property is exactly what you might think - your property is literally cut in half. This often occurs with larger tracts, and can include things like farms and planned but not yet build, subdivisions. A new alignment of road needs to be built, or power lines or sewer lines or gas lines are needed, and the only place they can go is right through the middle of your property.
The calculation of damages that go to just compensation for the eminent domain taking are incurred because even though you still have the property left over, in a theoretical world if you tried to sell it, you would not be able to get as much for it as you would have before the taking occurred. You, the landowner, are entitled to receive compensation for the lost value the land you have remaining incurs from the taking of your property.
For example, let's say you own an 80 acre rectangle of property. The Washington Department of Transportation needs to put a new controlled access highway (only accessible by interchanges) right through the middle of your property. After the taking you will have 14 acres on one side of the road and 24 acres on the right side of the road. Although you still have those 38 acres, the properties value for agricultural purposes has been significantly diminished - now your property is much smaller and now it is going to be much harder to farm since there is a highway running right through the middle of it. You are entitled to that loss in value as part of your payment of just compensation. Sometimes these damages can be significant. If your property was worth $1000 an acre before the taking and you have 20% damages, you would get an additional $6800 dollars - not chump change.
If your property is being taken, please consult a Washington state eminent domain lawyer. If the government is going to take your property, let's make them pay what it is worth.
One of the critical factors affecting just compensation are damages to the remainder. Damages to remainder include all those things that might devalue the property you have left after the government takes what it needs. It is a difficult concept sometimes to grasp without using examples. So examples you will have.
A great example of damages to the remainder happens when your property is severed. Severed property is exactly what you might think - your property is literally cut in half. This often occurs with larger tracts, and can include things like farms and planned but not yet build, subdivisions. A new alignment of road needs to be built, or power lines or sewer lines or gas lines are needed, and the only place they can go is right through the middle of your property.
The calculation of damages that go to just compensation for the eminent domain taking are incurred because even though you still have the property left over, in a theoretical world if you tried to sell it, you would not be able to get as much for it as you would have before the taking occurred. You, the landowner, are entitled to receive compensation for the lost value the land you have remaining incurs from the taking of your property.
For example, let's say you own an 80 acre rectangle of property. The Washington Department of Transportation needs to put a new controlled access highway (only accessible by interchanges) right through the middle of your property. After the taking you will have 14 acres on one side of the road and 24 acres on the right side of the road. Although you still have those 38 acres, the properties value for agricultural purposes has been significantly diminished - now your property is much smaller and now it is going to be much harder to farm since there is a highway running right through the middle of it. You are entitled to that loss in value as part of your payment of just compensation. Sometimes these damages can be significant. If your property was worth $1000 an acre before the taking and you have 20% damages, you would get an additional $6800 dollars - not chump change.
If your property is being taken, please consult a Washington state eminent domain lawyer. If the government is going to take your property, let's make them pay what it is worth.
Saturday
Washington Eminent Domain Law | Evaluating an Offer of Just Compensation
In my last post I discussed how to evaluate an eminent domain offer of just compensation in Washington. Shortly after that one of my cases provided a clear example of just how doing the wrong thing can hurt you in the long run.
I am dealing with a property owner right now who is having his property taken through eminent domain for a highway project. When he was first approached by the state, before he consulted an attorney, he hired an appraiser to value his property. His appraisal was actually even done before the offer was presented by the state.
Several months after the landowner's appraisal was complete the state's offer of just compensation was made. It was well below what the landowner expected, but was similar to what the appraiser he hired came back with. Unshaken by these results, the landowner continued to work on his own to negotiate with the state. Eventually a determination of just compensation was returned very close to the state's offer (which was based on the state's appraisal - the landowner's appraisal was not presented or discussed).
Finally after all this the landowner hired an eminent domain lawyer to help him out. The only problem? Now not only is the landowner faced with tackling the state's appraiser at trial, but he may have to face his own appraiser. Certain things are inadmissible at trial but because this appraisal was obtained so early in the process, it's possible that it may be discussed at trial. It is hard enough to face a good appraisal from a state agency, it is infinitely hard to face your own appraisal.
The conclusion to this story has not yet unfolded, but I will keep you informed of what happens. Remember, when you are faced with losing your property to eminent domain, talk to an experienced Washington eminent domain lawyer. They will help immensely.
I am dealing with a property owner right now who is having his property taken through eminent domain for a highway project. When he was first approached by the state, before he consulted an attorney, he hired an appraiser to value his property. His appraisal was actually even done before the offer was presented by the state.
Several months after the landowner's appraisal was complete the state's offer of just compensation was made. It was well below what the landowner expected, but was similar to what the appraiser he hired came back with. Unshaken by these results, the landowner continued to work on his own to negotiate with the state. Eventually a determination of just compensation was returned very close to the state's offer (which was based on the state's appraisal - the landowner's appraisal was not presented or discussed).
Finally after all this the landowner hired an eminent domain lawyer to help him out. The only problem? Now not only is the landowner faced with tackling the state's appraiser at trial, but he may have to face his own appraiser. Certain things are inadmissible at trial but because this appraisal was obtained so early in the process, it's possible that it may be discussed at trial. It is hard enough to face a good appraisal from a state agency, it is infinitely hard to face your own appraisal.
The conclusion to this story has not yet unfolded, but I will keep you informed of what happens. Remember, when you are faced with losing your property to eminent domain, talk to an experienced Washington eminent domain lawyer. They will help immensely.
Wednesday
How to Evaluate an Eminent Domain Offer
If you are embroiled in an eminent domain fight right now, you are probably thinking about how the government can take your property, how unfair it is, and how in the end possibly no money can compensate you for what is being taken. It is also equally as likely that you have accepted the fact that your Seattle, Spokane or other Washington city or county you live in will be taken and you have now turned your attention to making sure you get as much money as you possibly can (otherwise known as just compensation). Either way, in the end, assuming the property is being taken for a valid public purpose, your fight with the condemning authority is going to be about money, and will cost money to correctly be evaluated.
There are two major problems with this, however: first, $750.00 is not enough money for an appraiser correctly valuate your property; and second, without the proper instructions, or "problem," given to the appraiser, the determination they make will be flawed, and most generally flawed in the government's favor. It follows an old saying, garbage in, garbage out. This means if you use the wrong rules or information at the beginning of your analysis you are destined to get a wrong answer.
Before you are even reading this you are probably saying "I know what this attorney is going to say. He is going to tell me to spend the money on him." If you were saying this, you are actually correct. But let me explain why. If your property is being taken for eminent domain, it is subject to very specific valuation rules established by both statutory and case law. Some experienced appraisers may be aware of some of these rules, and have some experience in eminent domain law, but often they may not be aware of specific rules that can positively effect the value of your property (as time goes on I will explain and discuss some of these rules - for now you will just have to trust me!).
Appraisers generally have to follow what is called USPAP, or the Uniform Standards of Professional Appraisal Practice. It contains very specific rules, some of which are directly against the way a property in eminent domain is appraised. The primary way an appraiser can deviate from those rules, particularly in condemnation, is if an eminent domain attorney directs them to recognize a jurisdictional exception - basically a rule that does not conform to USPAP. Without this, you will in most circumstances start with "garbage in" to the appraisal problem, resulting in a worthless valuation. And in any event, what you need at this point in the process is not an appraisal, but someone who can evaluate the eminent domain offer given to you. Money is made for you by not getting your own expert but poking holes in theirs.
And when was usually the first time we found out we missed something? When the landowner's attorney sent us a letter itemizing all of the things we missed. This includes incorrectly valuing the severance of a property, the damages to the remainder of a property, an incorrect determination of highest and best use, and failing to utilize relevant comparable sales. But often it amounted to a significant difference in just compensation. So utilize that money not by hiring an appraiser, but by putting it toward evaluating the condemning authority's appraisal.
The State Gives You $750 to Evaluate the Offer for Your Property!
The Revised Code of Washington section 8.25.020 provides you, the landowner, a sum equal to the various expenditures actually and reasonably incurred by those with an interest in the property in the process of evaluating the condemnor's offer to buy the property of up to $750.00. The title of the rule is Payment to Defray Costs of Evaluating Offer - Amount.Do Not Spend This Money to Run Out and Hire an Appraiser!
You need an appraiser for trial, not for negotiation! If you are speaking with the condemning authority, in all likelihood they will tell you this money you are entitled to is available to you and suggest you hire an appraiser to take a cursory look at the property to determine the just compensation owed to you.There are two major problems with this, however: first, $750.00 is not enough money for an appraiser correctly valuate your property; and second, without the proper instructions, or "problem," given to the appraiser, the determination they make will be flawed, and most generally flawed in the government's favor. It follows an old saying, garbage in, garbage out. This means if you use the wrong rules or information at the beginning of your analysis you are destined to get a wrong answer.
Before you are even reading this you are probably saying "I know what this attorney is going to say. He is going to tell me to spend the money on him." If you were saying this, you are actually correct. But let me explain why. If your property is being taken for eminent domain, it is subject to very specific valuation rules established by both statutory and case law. Some experienced appraisers may be aware of some of these rules, and have some experience in eminent domain law, but often they may not be aware of specific rules that can positively effect the value of your property (as time goes on I will explain and discuss some of these rules - for now you will just have to trust me!).
Appraisers generally have to follow what is called USPAP, or the Uniform Standards of Professional Appraisal Practice. It contains very specific rules, some of which are directly against the way a property in eminent domain is appraised. The primary way an appraiser can deviate from those rules, particularly in condemnation, is if an eminent domain attorney directs them to recognize a jurisdictional exception - basically a rule that does not conform to USPAP. Without this, you will in most circumstances start with "garbage in" to the appraisal problem, resulting in a worthless valuation. And in any event, what you need at this point in the process is not an appraisal, but someone who can evaluate the eminent domain offer given to you. Money is made for you by not getting your own expert but poking holes in theirs.
Use the Money Afforded to You to Have the Condemning Authority's Offer Evaluated and Gather Data for Your Counteroffer
Condemning authorities, including: Washington state, Washington Department of Transportation, Sound Transit, Washington counties, Washington cities, Washington water districts and utility companies, are generally trying to evaluate your property for taking by eminent domain in the most fair way possible. But the problem is, they often incorrectly diagnose the problem, and the appraisal that results is not indicative of the true measure of just compensation. In all honesty, condemning authorities know this. How do I know? I work for one (although shortly I'll be leaving it - in Kansas - to help property owners). Although it was always our goal to get the numbers right, often times we missed something or incorrectly evaluated a property under the rules of eminent domain.And when was usually the first time we found out we missed something? When the landowner's attorney sent us a letter itemizing all of the things we missed. This includes incorrectly valuing the severance of a property, the damages to the remainder of a property, an incorrect determination of highest and best use, and failing to utilize relevant comparable sales. But often it amounted to a significant difference in just compensation. So utilize that money not by hiring an appraiser, but by putting it toward evaluating the condemning authority's appraisal.
Tuesday
Washington Eminent Domain Procedure | Part IV
This is part four of my outline of Washington eminent domain law. I've already discussed how property can be taken by eminent domain constitutionally, the eminent domain petition, and the order for immediate possession of property. Up next is a review of what happens at an eminent domain trial, how just compensation is determined, and getting paid for having your property taken through eminent domain.
If damages to a building are based upon readjustment or moving, then the court also must set a time within which any such building must be moved or adjusted. RCW 8.04.114. If the building is not moved or adjusted within that time frame, Washington State can move the building and charge the owner the costs for the move. If you don't want to pay for the costs, the state automatically gets a lien on the property. The amount of the lien and satisfaction of any liens is determined by application and entry of a supplemental judgment by the court. Lesson here: if you are going to get paid less money for saving your building, make sure you can move it!
If the jury or court's verdict is appealed, however, the money paid into the court must stay there until the determination of proceedings has occurred.
If you're property is being taken by eminent domain, please contact an washington eminent domain lawyer as soon as you can. If nothing else they can evaluate the offer from the condemning authority and let you know if you are being dealt with fairly.
Washington Eminent Domain Trial Description
The rule describing what happens at an eminent domain trial in Washington is set out in the Revised Code of Washington statute 8.04.110. It outlines several rules for the trial:Essentially the trial operates like any other trial. The only difference is the issues are related to eminent domain law. That is why it is important to have an experienced eminent domain lawyer on your side.
- A superior court judge shall preside over the trial;
- The trial shall be held to determine the compensation and damage to be awarded;
- The trial shall be held at the the courthouse in the county where the land, real estate, premises or other property is located;
- If it is a trial by jury they shall give their verdict as a lump sum the total amount of damages which shall result to the property; and
- At the trial, witnesses may be examined just like in a normal civil trial.
Determination of Just Compensation for Buildings
RCW 8.04.112 covers damages to buildings taken by eminent domain. If a building is standing, in whole or in part (for example, if a new highway was just going to clip a building versus taking the whole thing out) the jury shall add to their finding of value the damages to the building. If the entire building is taken or damaged so bad that it cannot be readjusted or moved, the measure of damages is the fair market value of the building. If part of the building is taken and it can be readjusted or replaced on any land remaining, and state agrees, then the measure of damages is the cost of readjusting or moving the building, plus any depreciation in market value occurring because of the move.If damages to a building are based upon readjustment or moving, then the court also must set a time within which any such building must be moved or adjusted. RCW 8.04.114. If the building is not moved or adjusted within that time frame, Washington State can move the building and charge the owner the costs for the move. If you don't want to pay for the costs, the state automatically gets a lien on the property. The amount of the lien and satisfaction of any liens is determined by application and entry of a supplemental judgment by the court. Lesson here: if you are going to get paid less money for saving your building, make sure you can move it!
Getting Paid for Property Taken Through Eminent Domain
After trial and the jury's verdict, the State of Washington is going to have to pay you for the property they have taken. RCW 8.04.130 requires the state to pay the amount of the award to the clerk of the court. This allows the State to get the property they need and then allows for a separate hearing for anyone that thinks they are entitled to some of the money.If the jury or court's verdict is appealed, however, the money paid into the court must stay there until the determination of proceedings has occurred.
If you're property is being taken by eminent domain, please contact an washington eminent domain lawyer as soon as you can. If nothing else they can evaluate the offer from the condemning authority and let you know if you are being dealt with fairly.
Monday
Washington Eminent Domain Procedure | Part III | Immediate Possession
In my last post I discussed the initial stages of the eminent domain process after negotiations have reached a standstill (or the condemning authority needs to move forward because of project timetables), including notice of eminent domain and the petition for eminent domain. In the following paragraphs I'll give you the rest of the statutory rules.
To get an order of immediate possession a couple of things must happen: (1) an order of necessity must have been granted; (2) the order of necessity shall not have been challenged by the landowner; (3) the condemning authority shall require immediate possession; (4) the Attorney General has stipulated (agreed) with landowners in accordance with RCW 8.04.092 and 8.04.094 (discussed below); (5) filed with the court a certificate that the condemning authority requires immediate possession and use of the land, which also states the amount of money to be offered and that the offer constitutes a continuing offer; (6) a copy of the certificate is filed with the office of financial management, who cuts a check for the amount offered to the attorney generals office; and (7) the money offered to take the property is paid into the court. RCW 8.04.090.
Once all of this happens the court must enter an order granting the state immediate possession and use of the property and ordering the state to pay the full amount of any final judgment of compensation and damages that is awarded for the taking.
What does this all mean? It means the condemning authority has the ability to take immediate possession of your property. What it does not mean is you are bound by their last offer. Contesting the amount they have offered for just compensation for the taking is still allowed. And whatever you are awarded, if it is over the initial offer, will be paid by the condemning authority. If immediate possession is sought by the state, to make sure your rights are correctly represented, you should contact an expert in Seattle Washington eminent domain law.
What does this statute mean for you as a landowner? First, it is okay to take the money paid into the court out of court for your property. From the court's point of view, until a jury or judge decides otherwise, that amount is just compensation for the taking of your property. Second, and more importantly, if a judge or jury decide an amount different than that paid into the court, the party that has paid too much or taken too much must make up the difference.
What does this mean? If you are not happy with the award the condemning authority has offered and paid into the court, TIME IS OF THE ESSENCE. You must contact a property attorney experienced in eminent domain immediately to preserve your rights. If the demand for trial is not filed within sixty days you will lose the ability to challenge the amount the condemning authority thinks your property is worth. This is very important!
This wraps up takings for States, counties, and cities in Washington State when immediate possession is wanted by the condemning authority. Next up I'll discuss what happens when a property has more than one owner.
Order for Immediate Possession of Your Property by the State, county, or city
In some instances, mostly because of project time pressures, the condemning authority will need your property as quickly as possible. The Legislature has recognized this and allows for condemning authorities to ask the court for an Order of Immediate Possession.To get an order of immediate possession a couple of things must happen: (1) an order of necessity must have been granted; (2) the order of necessity shall not have been challenged by the landowner; (3) the condemning authority shall require immediate possession; (4) the Attorney General has stipulated (agreed) with landowners in accordance with RCW 8.04.092 and 8.04.094 (discussed below); (5) filed with the court a certificate that the condemning authority requires immediate possession and use of the land, which also states the amount of money to be offered and that the offer constitutes a continuing offer; (6) a copy of the certificate is filed with the office of financial management, who cuts a check for the amount offered to the attorney generals office; and (7) the money offered to take the property is paid into the court. RCW 8.04.090.
Once all of this happens the court must enter an order granting the state immediate possession and use of the property and ordering the state to pay the full amount of any final judgment of compensation and damages that is awarded for the taking.
What does this all mean? It means the condemning authority has the ability to take immediate possession of your property. What it does not mean is you are bound by their last offer. Contesting the amount they have offered for just compensation for the taking is still allowed. And whatever you are awarded, if it is over the initial offer, will be paid by the condemning authority. If immediate possession is sought by the state, to make sure your rights are correctly represented, you should contact an expert in Seattle Washington eminent domain law.
If Payment for Eminent Domain Taking is Withdrawn a Trial for Damages May Still Occur
The court considers the amount paid into the court as just compensation an adequate amount for the taking of property by eminent domain if no trial is demanded by the landowner. RCW 8.04.092. If the award is challenged, however, the landowner may take the amount paid into the court out of the court's possession with no penalty. If, after a trial, the amount owed to the landowner for the property taken and damages to the remainder is more than that paid by the condemning authority, they will have to immediately pay the difference. If, however, the award is lower than that paid into the court by the condemning authority, the landowner must pay back to the state the difference.What does this statute mean for you as a landowner? First, it is okay to take the money paid into the court out of court for your property. From the court's point of view, until a jury or judge decides otherwise, that amount is just compensation for the taking of your property. Second, and more importantly, if a judge or jury decide an amount different than that paid into the court, the party that has paid too much or taken too much must make up the difference.
Landowner Must Demand A Trial within Sixty Days of the Order of Immediate Possession
If you do contest the award offered by the condemning authority and paid into court, then you must demand a trial for the purposes of assessing just compensation within sixty days of the date the order of immediate possession and use is filed. After the demand is made, the trial must be set within one year of the date the demand is made, unless good cause for delay can be shown. If no demand for trial is made in the time allotted, the court shall enter a decree of appropriation for the amount paid into court. The decree shall be final and nonappealable. RCW 8.04.094What does this mean? If you are not happy with the award the condemning authority has offered and paid into the court, TIME IS OF THE ESSENCE. You must contact a property attorney experienced in eminent domain immediately to preserve your rights. If the demand for trial is not filed within sixty days you will lose the ability to challenge the amount the condemning authority thinks your property is worth. This is very important!
This wraps up takings for States, counties, and cities in Washington State when immediate possession is wanted by the condemning authority. Next up I'll discuss what happens when a property has more than one owner.
Friday
Washington Eminent Domain Procedure | Part II
In the last post, I outlined the Washington eminent domain process from the point at which the government learns that they need your property to the point where negotiations break down and eminent domain proceedings are required. Remember, as soon as you find out your property will be taken, it is important to get a good Washington eminent domain lawyer. They can save you time and potentially increase the amount of money you receive from the government.
This post will cover the process when eminent domain proceedings are inevitable. At that time most of what the government must do is controlled by statute (written rules).
When you first get to Title 8 of the Washington Revised Code, you will see that the rules are broken down depending on which governmental entity is taking your property (or private entity if a corporation). Despite the rules being broken up, eminent domain proceedings by Washington State, a Washington County, or a Washington City, are pretty much uniform. If you want to know the difference, please contact a good washington eminent domain lawyer.
The petition is usually a pretty straightforward document doing as the instructions require. Notice that the sole question to be determined by the jury (or court depending on which is agreed to by the parties) is the amount of compensation. Whether or not the land can be taken by eminent domain is an entirely different question, and will be addressed at another time.
If public use is questioned, but the court finds the taking is for public use, then you as a landowner must file an appeal within five days of the entry of the order with the appellant court for a separate hearing. Examples of this, both successful and unsuccessful will be discussed at a later date. RCW 8.04.070
The determination to be made is just compensation for the property owners. What this means how much value was lost because of the taking. Although this too will be discussed in more detail at a later date, valuation of just compensation in eminent domain proceedings really takes into account three things: (1) the fair market value of the property acquired; (2) any damages to property remaining (if any); and (3) any special and direct benefit accruing to the remaining property as a result of the improvement. Taking all three of these things into account results in a determination of just compensation. RCW 8.04.080
Although this is not the end, this post is long enough. The conclusion to eminent domain procedure for Washington State, Washington counties (including King County, Pierce County, Snohomish County, Kitsap County, Thurston County, Yakima County, and all the others), and Washington cities (including Seattle, Redmond, Everett, Bellevue, Tacoma, Yakima, Kennewick, Olympia, Bellingham, Spokane, Issaquah, Federal Way, Kent, Woodinville, and Auburn) will be in my next post.
This post will cover the process when eminent domain proceedings are inevitable. At that time most of what the government must do is controlled by statute (written rules).
Washington Eminent Domain Rules Broken Down by State, County, City, School Districts, and Corporations
The Revised Code of Washington is the compilation of all permanent laws now in force. Title 8 of Revised Code of Washington is titled "Eminent Domain." As would be expected Title 8 holds most, if not all, of the Washington eminent domain procedural rules.When you first get to Title 8 of the Washington Revised Code, you will see that the rules are broken down depending on which governmental entity is taking your property (or private entity if a corporation). Despite the rules being broken up, eminent domain proceedings by Washington State, a Washington County, or a Washington City, are pretty much uniform. If you want to know the difference, please contact a good washington eminent domain lawyer.
Washington Eminent Domain Procedure for States, Cities, and Counties
Eminent Domain Petition
The first step in actually condemning property in Washington is filing the petition for appropriation. The petition (lawyer speak for lawsuit) must be filed in the county where the land is located. It must also reasonably describe the property, identify all those with an interest in the land (tenants included) that can be known with reasonable certainty, why the property is needed, and requesting that a jury be impaneled to determine the amount of compensation to be awarded for taking the property. RCW 8.04.010The petition is usually a pretty straightforward document doing as the instructions require. Notice that the sole question to be determined by the jury (or court depending on which is agreed to by the parties) is the amount of compensation. Whether or not the land can be taken by eminent domain is an entirely different question, and will be addressed at another time.
Notice that Petition Filed and Service on Landowners
Once the petition for eminent domain is filed it must be served on all the parties listed, and an attempt must be made to notify anyone that might have an interest in the property but might not be able to be found by the government. Usually the notice will have a copy of the petition and a date where the petition will first be addressed by the court. At this point in time if you are serious about challenging the governments determination of just compensation you should hire an experienced eminent domain attorney. RCW 8.04.020Hearing to Determine Public Use
As I mentioned earlier, the government can only take your property for public use. Once the petition is filed the court will have a hearing to ensure both (1) that notice has been properly served on all parties having any interest in the property; and (2) that the government's use is for a public purpose.If public use is questioned, but the court finds the taking is for public use, then you as a landowner must file an appeal within five days of the entry of the order with the appellant court for a separate hearing. Examples of this, both successful and unsuccessful will be discussed at a later date. RCW 8.04.070
Order Directing Determination of Damages and offsetting Benefits
Assuming the need of the property is for public use, at the conclusion of the hearing, the Judge will enter an order directing determination of damages and offsetting benefits. This order must set a trial date within 30 days of the date of the order if a jury is available, or 60 days if no jury is immediately available.The determination to be made is just compensation for the property owners. What this means how much value was lost because of the taking. Although this too will be discussed in more detail at a later date, valuation of just compensation in eminent domain proceedings really takes into account three things: (1) the fair market value of the property acquired; (2) any damages to property remaining (if any); and (3) any special and direct benefit accruing to the remaining property as a result of the improvement. Taking all three of these things into account results in a determination of just compensation. RCW 8.04.080
Although this is not the end, this post is long enough. The conclusion to eminent domain procedure for Washington State, Washington counties (including King County, Pierce County, Snohomish County, Kitsap County, Thurston County, Yakima County, and all the others), and Washington cities (including Seattle, Redmond, Everett, Bellevue, Tacoma, Yakima, Kennewick, Olympia, Bellingham, Spokane, Issaquah, Federal Way, Kent, Woodinville, and Auburn) will be in my next post.
Tuesday
Eminent Domain is Happening to You| How Does it Work?
Eminent Domain Procedure is Composed of Specific Statutory Rules
Like many legal processes, Washington State eminent domain is a creature of statute. Even though the Constitutions of Washington and the United States allow property to be taken for public purposes if just compensation is paid, how it actually happens is controlled by statute. What this means is the Washington State Legislature, many many years ago, got together and decided what rules the State, cities, counties, and corporations must follow when taking property from its citizens.As you will see from the summary of the statutes below, Washington State eminent domain law is not an easy area of the law. There are important decisions to make that can have a tremendous impact on the money you get for your property. Failing to meet a deadline or notify the Court of a decision can have negatively affect your award of just compensation. So even though the information below should be very helpful and provide some background information on the eminent domain process, you should seriously consider hiring an Washington State eminent domain lawyer to represent you.
Your First Contact is Likely to be at a Public Meeting
Although it may seem like the deck is stacked against you as a citizen in this matter (in the end your property is going to be taken), one great piece of leverage you as a property owner has is your Washington State citizenship. Whether you believe it or not, the people making the decisions are trying to do what is best for the people of Washington, and in the end, the final decision makers are politicians, or elected officials. This means that at all times state, city and county governments must remember that they are working with their electorate, and if they want to get re-elected next term, they should probably treat you with respect.
Because of this power, most governmental entities proactively work to keep the public, and in particular those property owners that are expected to impacted by a project requiring eminent domain, aware of what is going on with the project. The condemning authority will also solicit input from property owners to make sure they haven't missed any critical information that could negatively affect the project.
If you receive notice of a pending project that may affect your property,
go to the meeting. At the meeting the proposed project will be outlined, probably over the properties impacted, and the condemning authority will describe and discuss the project and provide an anticipated timeline. If you go these meetings and see that your property is going to be impacted (and even if it is not) do not be afraid to ask questions, even tough questions, to the condemning officials. The purpose of the meeting is to answer these questions.
The sooner you contact a lawyer experienced in Washington State eminent domain law when you first find out that your property is being taken by eminent domain, the better. The attorney may be able to save your property, if the circumstances warrant. And if your property cannot be saved, an eminent domain lawyer can make sure the property is evaluated correctly the first time by the condemning authority, saving you, the property owner, time and money.
After Public Meetings Comes the Notice of Eminent Domain and the Appraisal
Although no condemning authority acts in precisely the same way at this point, and time constraints can force a deviation from standard operating procedure, generally the next step in the process is a notice that in fact your property will be taken by eminent domain and a request to allow an appraiser to meet with you to evaluate your property to determine fair market value and just compensation.
First and foremost, meet with the government's appraiser. Give them information you think is important to valuing the property. Allow them to come onto the property and view it. Absent very special circumstances, the condemning authority will be able to take your property for their project. If they are going to do that, you might as well get as much money as you can for as little time and expense as possible. And without your cooperation, an appraiser will probably not be able to adequately evaluate your property, they will probably come up with a low determination of just compensation, and you will be angry. Help them help you by providing pertinent information. Again, an eminent domain attorney can greatly assist in this process.
Second, keep in communication with the condemning authority. As I stated before, their goal (in most cases) is to get your property by paying just compensation, nothing more, nothing less. Help them do that by speaking with them.
When Appraisal is Complete an Offer Letter is Issued and Negotiations Begin
I'll give you the short and sweet version of this now, but once the appraisal is complete an offer letter will be drafted and presented to you. When you get the offer the important thing to remember is this is a starting point for negotiating the price of your property. The condemning authority is flexible on what they will pay. It simply needs to be justified.
At this time, if they will give it to you, get a copy of the appraisal and look at it to see how they formulated their opinion of just compensation. Most of the time the basis will be similar properties bought and sold in the area. If it is, that is great. If you can find better comparable sales for your property and point out other flaws in the appraisal you can get more money for your property taken through eminent domain.
But to do this you need an eminent domain expert. Someone versed in both Washington State property appraisal and eminent domain. An experienced eminent domain lawyer should be able to do this for you. Although lawyers can be intimidating, don't be afraid to call one. They really can help.
In the next post I'll discuss what happens if no agreement of the fair market value of the property taken can be reached.
Wednesday
Washington Eminent Domain | Why Can the Government Take My Property?
Getting the letter in the mail informing you that the state, county, city or some other condemning authority is taking your property through eminent domain can be one of the most frightening experience you will ever have. Part of the fear comes from the unknown. Questions probably run through your mind like "how can they do this?" "How much of my property is being taken?" "Is it possible to stop them?" All of these questions probably find no answers (unless you talk with an experienced eminent domain attorney) and as a result the nervousness just builds.As an experienced eminent domain attorney I wanted to take some time to explain to you the background of eminent domain, the rules regulating it, and shed some light on the process. Hopefully after reading this you will at least have some answers to your most basic of questions.
Eminent Domain was Actually Created to Provide More Rights, Not Take them Away
Back in colonial times, when England ruled over the United States, the state of affairs relating to property was much much different. First, there wasn't any such thing, technically, as property ownership. All property was owned by the English family, and although they gave it out to lords and dukes and people of that nature, it was always subject to being taken back at a moments notice with no chance of being compensated for what was being taken.For the founders of the United States of America, this practice of taking property without just compensation, often times for purposes undefined, was despised. The founders saw property ownership as a fundamental right of being a citizen in America, and fought the Revolutionary War to promote that right.
As the constitution was being drafted, it was clear that there were in fact times when property needed to be taken by the government. Public infrastructure, including sewers, roads, electric lines, cable, and many other utilities could not provide service to citizens without having the authority to take property to put them in. Additionally, war time situations often demanded additional property needs. The founders, in reaching this conclusion, faced a tough decision: how do they recognize the government's need to take property against an individual property owner's right to hold and own property without having it taken away?
The solution, the founders decided, was to provide a constitutional safeguard for individual property owners to prevent their land from being needlessly taken. The Fifth Amendment to the United States Constitution provides, in part, "nor shall private property be taken for public use, without just compensation." That single sentence provides every landowner great protections.
Washington State Eminent Domain Law also Provides Protection
When Washington entered statehood, it adopted its own constitution, and with it a very similar standard to that outlined in the US Constitution. Article 1, section 16 of the Washington State Constitution also provides that private property may not be taken for public use without just compensation.In addition to the constitutional protection, Washington adopted laws governing eminent domain procedure. These laws outline exactly how a condemning authority must proceed if they want to take private property through eminent domain. Included in these rules are how the lawsuit must be structured, the rules the condemning authority must follow if they need the property quickly, the right to jury trial, and many other things. These rules provide you, the property owner, with the protections you need to make sure you are justly compensated for the loss of your property.
If Your Land is Being Condemned, Consult an Attorney to Ensure Fair Compensation is Received
Eminent domain law is not widely practiced. It can get pretty complicated at times. The condemning authority is sure to have attorneys on their side, because it makes sure they will abide by the rules outlined by the Washington Legislature and it makes sure they will pay just compensation. No more, no less.To make sure just compensation is received for the taking of your property, speak with a Washington State eminent domain lawyer. They will at least be able to answer your questions and evaluate your situation to determine if you are entitled to more money for your land.
Tuesday
Welcome to Washington Eminent Domain Law
Welcome to Washington Eminent Domain Law Blog, a website dedicated to everything eminent domain in Washington State. Come here to find the latest news, case law, and helpful hints and tips for making sure just compensation is received. If you have any questions or comments, please feel free to email me at cmslawfirm@gmail.com.
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