Thursday

Eminent Domain Taking Example | Just Compensation Not Agreed To

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.