Washington Condemnation Lawyer | Access vs. Routing

You may not believe it, but in Washington eminent domain law, there is a very large difference between access and routing. And depending upon which of the two is affecting your property, the determination of just compensation could be vastly different. Today I want to briefly discuss the differences between the two.

Access is a Right - Traffic is Not

It is well settled case law that every property owner that has property which abuts, or sits up next to, a road, has a right of access to this road. Now, this doesn't necessarily mean the property owner has a right to put a driveway in wherever they want, but it does mean they have the right to put a driveway in somewhere. The reasoning behind recognizing this right is fairly straightforward - if you cannot get to and from your property for all intent and purposes it is worthless. Recognizing this right ensures properties abutting a road will have access to that road - unless access control is acquired by a governmental agency.

The right of access is a property right. And like your other property rights, it can be acquired by eminent domain. How is that valued, you might be asking? The calculation is done by determining what the property is worth if the access exists, and then determining what it is worth with the access gone. Sometimes this can be a very significant amount.

For example, a gas station that loses one entrance may no longer function as a gas station because cars cannot get in and out efficiently. If that was the case, that loss in value to the property would be paid to the landowner as part of his or her just compensation. This is where having a Washington eminent domain lawyer can come in very handy.

The Flow of Traffic is not a Compensible Right

The difference between access and routing is subtle but very very important in your eminent domain case. The reason is routing and traffic flow, except under very specific circumstances, is not compensible. The best way to illustrate this is with another example.

Let's take the gas station above (this is taken directly from one of my Kansas eminent domain cases by the way). Instead of being on a busy intersection, let's assume it is on a frontage road, but the frontage road opens up to the major road very close to the entrance of the gas station. The City of Seattle decides to do a road improvement project, closing the entrance from the major street to the frontage road, directly in front of your gas station. Now to get to your gas station the cars are going to have to go 1/2 mile down the road to an intersection and come back down the frontage road, causing a large loss of business.

In most cases this change in routing or loss of traffic flow, would not be a compensible item subject to just compensation. This falls under what is known as Seattle's police power, a power provided to keep the public safe and healthy. The way that traffic flows is primarily a function of safety, so the court's have determined this is not a compensible taking under condemnation law, even though in reality your gas station will likely have to close.

If Your Property is Being Affected Call a Washington Eminent Domain Attorney

The only way to know for sure if you deserve compensation for your loss is to consult a Washington condemnation attorney. Whether you are in Seattle, Yakima, Spokane, Tacoma, Olympia, Kennewick or anywhere in between you need help. Only after reviewing your property and what might happen will you be able to know for sure how your property has been affected.

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 for a consultation today.