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.