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.