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.

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:

1. A superior court judge shall preside over the trial;


2. The trial shall be held to determine the compensation and damage to be awarded;


3. The trial shall be held at the the courthouse in the county where the land, real estate, premises or other property is located;


4. 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


5. At the trial, witnesses may be examined just like in a normal civil 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.

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.