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.

No comments: