I've helped a lot of people in a lot of Seattle Washington eminent domain cases, and I've helped the government in a lot of eminent domain cases. And one common theme usually exists throughout - the government is not out to get you personally, for any reason, whatsoever. In most cases, you are just the unlucky (or lucky, depending on your just compensation award) landowner that had the property where it was needed for that extra lane of road, or sewage line, or new school. In fact, I have never seen a case where a governmental entity specifically targeted a landowner and took his land for a project they didn't plan on doing before.
With that being said, as a landowner, it is much easier to engage in negotiations, put your best foot forward, and get the most money for your property taken by eminent domain if you approach the situation with a rational mind. And while that may be hard at times, particularly if you have a strong tie to the land, it is what needs to be done to do the best for you and your family. The feelings that you are having, including fear of the unknown, fear of losing your house, sadness of losing your property, and the time and expense of dealing with having your property taken, should not be directed in anger at the governmental entity because it won't do any good. It is best to direct that anger toward doing the work necessary to get the most money possible for your property.
As a Seattle eminent domain attorney I've had the opportunity to work with several landowners dealing with different governmental entities, and the things I've stated above tend to hold true. A project is necessary for the good of the community (usually a road improvement project) and my clients are simply the unlucky ones in the way. The best way to stick it to the government is to get all the just compensation possible out of their eminent domain action. Harsh words and insults toward them won't accomplish that.
If your property is being taken by eminent domain in Washington State, whether it be Seattle, Renton, Spokane, Kennewick, Olympia, Tacoma, Federal Way, Kent, Everett, Woodinville, Redmond, Kirkland, Yakima, Bellevue, Auburn, Puyallup, Vancouver, Mukilteo, Edmonds, West Seattle, or Pullman, you need someone working on your side.
Saturday
Seattle Washington Eminent Domain Attorney | Realistic Expectation
As a Seattle eminent domain attorney and Washington condemnation attorney I deal with a lot of people who are having their property taken by eminent domain. It is never an easy process, you have to fight tooth and nail for every penny, and it is always rewarding to see the light at the end of the tunnel, to see the landowner get the money they deserve, and to resolve a dispute leaving my clients happy.
But in doing all of this it is important to remember that the sale of property is never an exact science, that in many cases neither side is going to get everything they want or think they need. Just like with the purchase of an entire house or building or car or anything else, there is no precise price, and in many cases the offers of the parties set the high and low points, with the final agreed to price somewhere in the middle. It is important for landowners having their Washington property taken through eminent domain to understand they are not going to get what is asked for in the initial counteroffer (condemning authorities for the most part recognize they are almost always going to have to come up in price for just compensation). What they are doing is setting a ceiling, an absolute height in just compensation, that might be reached in the perfect scenario.
Many times we, as eminent domain attorneys, need to remember to temper client expectations, to remind them that although our theories and arguments sound great in discussion, when the rubber hits the road some will either be inadmissible or will be seen as an attempt to get money that is not reasonable. In the end, it is likely the landowners will have to come down from their initial counteroffer and the government will have to come up, until the parties reach a place they are both comfortable with. So, remember to take that into account when negotiating with the condemning authority and when strategizing with your client. It can make a big difference in everyone walking away feeling satisfied.
If your property is being taken by the government in Washington State by eminent domain, whether it be Seattle, Renton, Spokane, Kennewick, Olympia, Tacoma, Federal Way, Kent, Everett, Woodinville, Redmond, Kirkland, Yakima, Bellevue, Auburn, Puyallup, Vancouver, Mukilteo, Edmonds, West Seattle, or Pullman, you need someone working on your side.
But in doing all of this it is important to remember that the sale of property is never an exact science, that in many cases neither side is going to get everything they want or think they need. Just like with the purchase of an entire house or building or car or anything else, there is no precise price, and in many cases the offers of the parties set the high and low points, with the final agreed to price somewhere in the middle. It is important for landowners having their Washington property taken through eminent domain to understand they are not going to get what is asked for in the initial counteroffer (condemning authorities for the most part recognize they are almost always going to have to come up in price for just compensation). What they are doing is setting a ceiling, an absolute height in just compensation, that might be reached in the perfect scenario.
Many times we, as eminent domain attorneys, need to remember to temper client expectations, to remind them that although our theories and arguments sound great in discussion, when the rubber hits the road some will either be inadmissible or will be seen as an attempt to get money that is not reasonable. In the end, it is likely the landowners will have to come down from their initial counteroffer and the government will have to come up, until the parties reach a place they are both comfortable with. So, remember to take that into account when negotiating with the condemning authority and when strategizing with your client. It can make a big difference in everyone walking away feeling satisfied.
If your property is being taken by the government in Washington State by eminent domain, whether it be Seattle, Renton, Spokane, Kennewick, Olympia, Tacoma, Federal Way, Kent, Everett, Woodinville, Redmond, Kirkland, Yakima, Bellevue, Auburn, Puyallup, Vancouver, Mukilteo, Edmonds, West Seattle, or Pullman, you need someone working on your side.
Monday
Washington Eminent Domain Lawyer | Sea-Tac Third Runway Causing Problems
It's sad but true, that in this day and age, sometimes life just isn't fair. Sometimes the rules work against you, and sometimes, despite your best efforts, you've just drawn the short straw. That is what appears to have happened for numerous residents affected by the new third airport runway just put into service by the Port of Seattle at Sea-Tac airport in between Seattle and Tacoma, Washington.
I stumbled upon this blog entry, which detailed a meeting between numerous land owners and a few attorneys (specializing in class actions and not property or land use law, I might point out) to discuss the problems they've been experiencing and see if there is anything to be done about it. From that meeting I think they identified two possible causes of action they believe may be available to them - inverse condemnation and nuisance. Whatever the case, it appears that at least they are resigned to the fact that the runway is here to stay.
Although I am not a Washington eminent domain lawyer just yet, I am familiar with inverse condemnation (essentially eminent domain without the government wanting to pay for the land) and nuisance law generally. And I hate to say this, but I think the landowners are going to have a hard time winning this action, particularly when it comes to the inverse condemnation claim.
As just a little background, Washington inverse condemnation is a cause of action whereby a landowner asserts that a governmental entity (in this case the Port of Seattle) has, through its actions, deprived the property owner of all useful uses of the property, rendering it worthless. In this case, the landowners believe that the Port of Seattle, by installing the third runway at Sea-Tac Airport, have deprived them of all uses of their property. They mention noise and jet fuel particles as the two primary reasons for their claims (I never knew jet fuel left particles). The problem in this case, however, is that it doesn't appear as though they have any evidence that their property is useless. It is still being used for its highest and best use - residential housing - and still has people inhabiting it. Though the value may have dropped, even tremendously, because of the third runway, their property is not useless, and the owners have not been deprived of use of their property (technically, remember, this is through the rule of law, not the rule of common sense - they don't always match up).
Nuisance, straight from Wikipedia, is, under the common law, the theory that persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbor interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance. The kicker, however, is that the quiet enjoyment must rise above the merely aesthetic, and must be an expected part of the quiet enjoyment of the property. Here, the property owners again refer to noise and jet fuel particles as the basis for their Seattle inverse condemnation action or their Tacoma inverse condemnation action. The problem I see here is that their houses have always been near an airport, and they must have purchased the house knowing that airplanes would probably be flying overhead. Were they ready for the volume of planes or the additional runway? Probably not. But that is going to be the Port of Seattle's argument, and from a legal standpoint it is at least decent.
I don't know what is going to happen when SeaTac residents sue the Port of Seattle over their third runway, but I'm sure it will happen eventually. Although this isn't technically about Washington eminent domain, it is close enough I thought I'd throw it in here and talk about it. Inverse condemnation and eminent domain run hand in hand. I am rooting for the landowners here, but as I mentioned in the opening paragraph, sometimes life just isn't fair.
If your property is being taken by the government in Washington State, whether it be Seattle, Renton, Spokane, Kennewick, Olympia, Tacoma, Federal Way, Kent, Everett, Woodinville, Redmond, Kirkland, Yakima, Bellevue, Auburn, Puyallup, Vancouver, Mukilteo, Edmonds, West Seattle, or Pullman, you need someone working on your side.
I stumbled upon this blog entry, which detailed a meeting between numerous land owners and a few attorneys (specializing in class actions and not property or land use law, I might point out) to discuss the problems they've been experiencing and see if there is anything to be done about it. From that meeting I think they identified two possible causes of action they believe may be available to them - inverse condemnation and nuisance. Whatever the case, it appears that at least they are resigned to the fact that the runway is here to stay.
Although I am not a Washington eminent domain lawyer just yet, I am familiar with inverse condemnation (essentially eminent domain without the government wanting to pay for the land) and nuisance law generally. And I hate to say this, but I think the landowners are going to have a hard time winning this action, particularly when it comes to the inverse condemnation claim.
As just a little background, Washington inverse condemnation is a cause of action whereby a landowner asserts that a governmental entity (in this case the Port of Seattle) has, through its actions, deprived the property owner of all useful uses of the property, rendering it worthless. In this case, the landowners believe that the Port of Seattle, by installing the third runway at Sea-Tac Airport, have deprived them of all uses of their property. They mention noise and jet fuel particles as the two primary reasons for their claims (I never knew jet fuel left particles). The problem in this case, however, is that it doesn't appear as though they have any evidence that their property is useless. It is still being used for its highest and best use - residential housing - and still has people inhabiting it. Though the value may have dropped, even tremendously, because of the third runway, their property is not useless, and the owners have not been deprived of use of their property (technically, remember, this is through the rule of law, not the rule of common sense - they don't always match up).
Nuisance, straight from Wikipedia, is, under the common law, the theory that persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbor interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance. The kicker, however, is that the quiet enjoyment must rise above the merely aesthetic, and must be an expected part of the quiet enjoyment of the property. Here, the property owners again refer to noise and jet fuel particles as the basis for their Seattle inverse condemnation action or their Tacoma inverse condemnation action. The problem I see here is that their houses have always been near an airport, and they must have purchased the house knowing that airplanes would probably be flying overhead. Were they ready for the volume of planes or the additional runway? Probably not. But that is going to be the Port of Seattle's argument, and from a legal standpoint it is at least decent.
I don't know what is going to happen when SeaTac residents sue the Port of Seattle over their third runway, but I'm sure it will happen eventually. Although this isn't technically about Washington eminent domain, it is close enough I thought I'd throw it in here and talk about it. Inverse condemnation and eminent domain run hand in hand. I am rooting for the landowners here, but as I mentioned in the opening paragraph, sometimes life just isn't fair.
If your property is being taken by the government in Washington State, whether it be Seattle, Renton, Spokane, Kennewick, Olympia, Tacoma, Federal Way, Kent, Everett, Woodinville, Redmond, Kirkland, Yakima, Bellevue, Auburn, Puyallup, Vancouver, Mukilteo, Edmonds, West Seattle, or Pullman, you need someone working on your side.
Tuesday
What to do if Your Property is Being Taken by Eminent Domain
If you have found your way here, you have probably received some correspondence from your city, county, or state government, the Washington Department of Transportation, or some other governmental entity that your property is or will need to be acquired by eminent domain. You are probably pretty scared right now. That is okay. It can be a bit of scary process, particularly since it has probably never happened to you before. But while you are feeling scared it is also time to get proactive to either: (1) stop the eminent domain process all together; or (2) get the most money (I say the correct money) for your property. Below I'll give you some steps to follow so that you can make sure you are accorded your full Constitutional rights.
As I mentioned above, there are two separate problems to consider when facing Washington state eminent domain. First, is whether your process can be taken by eminent domain. The second is what the value of your property is worth - its fair market value. To need to determine the fair market value of your property so that just compensation can be paid to you, the government first needs to show that the property they are taking is for a public purpose or use.
Although you may have recently heard that the United States Supreme Court has weakened the requirements for finding a public purpose (the Kelo case), once that case was handed down states rushed to redefine public purpose under the state law. As such, Washington's eminent domain law's are much stricter, overall, than those of the federal government. This means if you feel like your land is not being taken for a true public purpose (often government's will try to take land under the guise of "economic development," wherein once they have your property they will sell it or lease it to a private developer who will construct condos or a mall on it) you may actually have a chance of having the court rule that the taking is not for a public purpose.
If you feel like your land is not being taken for a public purpose you should find a qualified eminent domain lawyer to help you.
Once you've determined that the taking is for a public purpose (or are satisfied that it is), then the real fun begins. If you are not familiar with the eminent domain process, now would be a great time to learn about it. Basically the government appraises your property, presents you with an offer of just compensation (and relocation benefits if they are taking your house or your business) and you can either accept their offer or negotiate for more money.
This is where a qualified professional is needed, and at least for the first phase of the process, at no out of pocket cost to you at all. When you talk to the acquisition agents (the government employees hired to negotiate the sale of your property) they will suggest that you hire your own appraiser to valuate your property. DO NOT HIRE AN APPRAISER TO VALUATE YOUR PROPERTY AT THIS STAGE OF THE PROCEEDINGS. It is not to your benefit but to their benefit. At this point you have all of the leverage because you have the ability (with help) to examine their appraisal and determine its weaknesses. The money in eminent domain for you as a property owner is NOT made by getting your own appraiser but by showing WSDOT or Sound Transit or the City of Seattle how their appraiser messed up and you deserve more money.
Another thing about hiring an appraiser is that they are expensive, and unless they are experienced in eminent domain, they will not know how to valuate your property correctly. And once you do have an appraiser, the condemning agency will use its knowledge and experience to pick apart your appraisal, trying to bring down the value of your property. That is exactly what you do not want to do.
So, what is there to do? There are a number of eminent domain professionals out there who can help you evaluate the condemning authorities offer of just compensation for your property. And the best part is, this initial evaluation is paid for by the condemning authority! State statute requires any entity taking your property by eminent domain to pay up to $750 dollars for you to get their offer evaluated. This is great because it generally costs about that much for an offer to be evaluated.
What goes into an evaluation of an offer of just compensation of eminent domain? A lot actually. It starts with a thorough review of the condemning authorities appraisal (if you can get it - great general rule here - if your property is being taken by eminent domain always ask for a copy of their appraisal), including how they have characterized your property (commercial, residential, agricultural), what they relied on to make that determination, how much property they are taking, what your property was like before the taking, what it will be like after the taking, the appraisal method utilized (comparable sales, cost, or income capitalization) and any other factors they took into account. Generally this will give an overview of the condemning authorities determination of the value of your property. After the appraisal is reviewed, a discussion with you, the landowner, is in order. During that discussion we'll talk about all of the things in the appraisal, with a focus on the use of the property, the best use of the property, and any sales that have occurred in the area of property you think is similar to your property. A visit to the property is also usually very helpful. After that, it is important to find sales and information that are favorable to our view of how the property should be valued.
After all of the information is gathered and analyzed (usually it takes about two weeks), the next step is to respond to the condemning authority in writing, discussing any shortcomings in their appraisal and additional information we have. At that point, the condemners usually take a couple of weeks to evaluate and respond. Traditionally at that point a meeting occurs to try to settle on a price for the property. If an agreement cannot be reached after negotiation, then a trial is held to determine the just compensation you get (this is the point where you get an appraiser).
So, as you can tell, it is not necessarily a fun experience, but it can be empowering in the sense that you can have a say in what you are paid for your property. And you deserve that power. If your property is being taken by eminent domain in the state of Washington, don't wait expecting it to go away. Call someone that can help today, and begin preparing your side of the property valuation story.
As I mentioned above, there are two separate problems to consider when facing Washington state eminent domain. First, is whether your process can be taken by eminent domain. The second is what the value of your property is worth - its fair market value. To need to determine the fair market value of your property so that just compensation can be paid to you, the government first needs to show that the property they are taking is for a public purpose or use.
Although you may have recently heard that the United States Supreme Court has weakened the requirements for finding a public purpose (the Kelo case), once that case was handed down states rushed to redefine public purpose under the state law. As such, Washington's eminent domain law's are much stricter, overall, than those of the federal government. This means if you feel like your land is not being taken for a true public purpose (often government's will try to take land under the guise of "economic development," wherein once they have your property they will sell it or lease it to a private developer who will construct condos or a mall on it) you may actually have a chance of having the court rule that the taking is not for a public purpose.
If you feel like your land is not being taken for a public purpose you should find a qualified eminent domain lawyer to help you.
Once you've determined that the taking is for a public purpose (or are satisfied that it is), then the real fun begins. If you are not familiar with the eminent domain process, now would be a great time to learn about it. Basically the government appraises your property, presents you with an offer of just compensation (and relocation benefits if they are taking your house or your business) and you can either accept their offer or negotiate for more money.
This is where a qualified professional is needed, and at least for the first phase of the process, at no out of pocket cost to you at all. When you talk to the acquisition agents (the government employees hired to negotiate the sale of your property) they will suggest that you hire your own appraiser to valuate your property. DO NOT HIRE AN APPRAISER TO VALUATE YOUR PROPERTY AT THIS STAGE OF THE PROCEEDINGS. It is not to your benefit but to their benefit. At this point you have all of the leverage because you have the ability (with help) to examine their appraisal and determine its weaknesses. The money in eminent domain for you as a property owner is NOT made by getting your own appraiser but by showing WSDOT or Sound Transit or the City of Seattle how their appraiser messed up and you deserve more money.
Another thing about hiring an appraiser is that they are expensive, and unless they are experienced in eminent domain, they will not know how to valuate your property correctly. And once you do have an appraiser, the condemning agency will use its knowledge and experience to pick apart your appraisal, trying to bring down the value of your property. That is exactly what you do not want to do.
So, what is there to do? There are a number of eminent domain professionals out there who can help you evaluate the condemning authorities offer of just compensation for your property. And the best part is, this initial evaluation is paid for by the condemning authority! State statute requires any entity taking your property by eminent domain to pay up to $750 dollars for you to get their offer evaluated. This is great because it generally costs about that much for an offer to be evaluated.
What goes into an evaluation of an offer of just compensation of eminent domain? A lot actually. It starts with a thorough review of the condemning authorities appraisal (if you can get it - great general rule here - if your property is being taken by eminent domain always ask for a copy of their appraisal), including how they have characterized your property (commercial, residential, agricultural), what they relied on to make that determination, how much property they are taking, what your property was like before the taking, what it will be like after the taking, the appraisal method utilized (comparable sales, cost, or income capitalization) and any other factors they took into account. Generally this will give an overview of the condemning authorities determination of the value of your property. After the appraisal is reviewed, a discussion with you, the landowner, is in order. During that discussion we'll talk about all of the things in the appraisal, with a focus on the use of the property, the best use of the property, and any sales that have occurred in the area of property you think is similar to your property. A visit to the property is also usually very helpful. After that, it is important to find sales and information that are favorable to our view of how the property should be valued.
After all of the information is gathered and analyzed (usually it takes about two weeks), the next step is to respond to the condemning authority in writing, discussing any shortcomings in their appraisal and additional information we have. At that point, the condemners usually take a couple of weeks to evaluate and respond. Traditionally at that point a meeting occurs to try to settle on a price for the property. If an agreement cannot be reached after negotiation, then a trial is held to determine the just compensation you get (this is the point where you get an appraiser).
So, as you can tell, it is not necessarily a fun experience, but it can be empowering in the sense that you can have a say in what you are paid for your property. And you deserve that power. If your property is being taken by eminent domain in the state of Washington, don't wait expecting it to go away. Call someone that can help today, and begin preparing your side of the property valuation story.
Thursday
Washington Eminent Domain | Another Successful Just Compensation Negotiation
This story comes out of Michigan, but is just another example of the difference in eminent domain just compensation that can be achieved by negotiating with the condemning authority through the use of an eminent domain professional. You can read the story here, but I'll recap it for you in case you don't have time to read the whole thing.
The Michigan Department of Transportation needed some property to complete the construction of a connector highway in Oakland County, Michigan. MDOT threatened condemnation if a settlement couldn't be reached (which is usually the case), and extended negotiations ensued (the truth is, those with eminent domain powers, even in Washington, very rarely want to take a taking to trial because there are too many risks and costs involved - that is why you should try to negotiate!). Eventually this case did go to trial, where the developer was awarded $2.7 million dollars.
In this case, however, the verdict was returned based on a highest and best use of the property that was less than it was in reality (highest and best use is what the property could be used for that would most highly utilize its qualities - the use must be legally permissible, physically possible, and economically viable). A second trial was allowed, and based on a new highest and best use (commercial) the jury returned a verdict of over $14 million dollars! MDOT then appealed and a new trial was allowed. Before this new trial, however, MDOT settled for over $18 million dollars!
What is the lesson here? First, it is important to have your offer of just compensation reviewed. Highest and best use is a critical factor in evaluating your property, and government appraisers often "miss" this in an effort to get the appraisals done as quickly as possible and please the condemning authority. Second, it is important to negotiate with the condemning authority. The only way your offer of just compensation can go is up. Don't be afraid to challenge their viewpoint and get the money you deserve.
The Michigan Department of Transportation needed some property to complete the construction of a connector highway in Oakland County, Michigan. MDOT threatened condemnation if a settlement couldn't be reached (which is usually the case), and extended negotiations ensued (the truth is, those with eminent domain powers, even in Washington, very rarely want to take a taking to trial because there are too many risks and costs involved - that is why you should try to negotiate!). Eventually this case did go to trial, where the developer was awarded $2.7 million dollars.
In this case, however, the verdict was returned based on a highest and best use of the property that was less than it was in reality (highest and best use is what the property could be used for that would most highly utilize its qualities - the use must be legally permissible, physically possible, and economically viable). A second trial was allowed, and based on a new highest and best use (commercial) the jury returned a verdict of over $14 million dollars! MDOT then appealed and a new trial was allowed. Before this new trial, however, MDOT settled for over $18 million dollars!
What is the lesson here? First, it is important to have your offer of just compensation reviewed. Highest and best use is a critical factor in evaluating your property, and government appraisers often "miss" this in an effort to get the appraisals done as quickly as possible and please the condemning authority. Second, it is important to negotiate with the condemning authority. The only way your offer of just compensation can go is up. Don't be afraid to challenge their viewpoint and get the money you deserve.
Friday
Alaskan Way Viaduct Tunnel Means more Eminent Domain
If you live in the state of Washington, and particularly in the the greater Seattle area, you are well aware of the problems that have plagued the Alaskan Way viaduct, also known as highway 99 (also known as the Pacific Coast Highway). Not only do many see it as an eyesore on a beautiful city, but it is also widely believed to be a significant safety concern in light of the seismic activity that frequents the area (think San Francisco earthquake when the highway collapsed). To remedy this problem, Washington Department Transportation (WSDOT) officials, state legislators, and Seattle city officials have discussed, for several years, different alternatives to the current configuration. And it seems that they have finally agreed on one.
Early this week, Washington Governor Christine Gregoire announced that the new alignment for the Alaskan Way Viaduct will be an underground tunnel. It will slightly deviate from the current alignment (it is much easier to go in a straight line when you don't have to worry about buildings) running just about under First Avenue and will have no exits. Once the tunnel is complete, the current viaduct will be torn down and replaced with a street network and green space (I've attached an artists rendering).What does this mean for eminent domain and just compensation in Seattle? For starters, it means there is going to be more of it. As a property owner, you own not only the surface of the land, but everything above and below. If the government is going to restrict your use of part of your land, or take part of your land, even if it is for a tunnel, they must pay you just compensation, or the fair market value of the property. In this case, because we are talking about subterranean land, it may be difficult to determine what the property is actually worth that is being taken.
The measure of just compensation is what the entire property would be worth before the taking, and what the property is worth after the taking. Subtracting these two numbers gives you, theoretically, what the property that has been taken will be worth. But consider this, with a tunnel under your property, you may be significantly hindered on what you can build on your property. This tunnel will be running under downtown Seattle, home of high rise buildings. This tunnel may render your property suitable for only a five story building when before the tunnel it would have been suitable for a ten story building. That is a significant change in value, and only one of many issues that should be researched before settling with WSDOT (and it may be something WSDOT doesn't even consider in their just compensation appraisal).
It will probably be several months until right of way plans are finalized for this project. But they will be finalized and WSDOT will be coming after your property with authority to use eminent domain. Make sure you get what you deserve for it.
Tuesday
Washington Eminent Domain Appraisals Aren't Always Right
It's always interesting to see how much a property is worth when the property and information surrounding are presented to a jury. It isn't that the property owner is always right, or that the government is always wrong, but it is just hard for twelve disinterested people to give all the weight to the state. Not only does there seem to be an inherent belief that the government is trying to get the lowest price possible for property it acquires, but the natural human tendency is come somewhere in the middle of two opposing viewpoints.
And it is stories like this that tend to prove this theory. Although not in Washington, Seattle, Spokane, Renton, Olympia, or otherwise, it is a good example of what tends to happen. In the Marysville, California area, property was needed, specifically 99 acres, for the improvement of levees. The person who owned the property thought his ground, containing peach and walnut orchards, were worth at least 2 million dollars more than the government had appraised it for. And instead of laying down and taking the government's offer of just compensation, he fought the government to get what was rightfully his - the fair market value of his lost property.
Traditionally, even when the parties are as far apart on their determination of valuation as these groups, the two sides will meet to talk. But in this case the governmental agency, tasked with rebuilding some levees, balked at meeting with the landowner. So what did the landowner do? He did what all Washington landowners facing condemnation should do: he hired an eminent domain expert.
After some time, the case went to a jury, who awarded the landowner 2.8 million dollars as just compensation for his eminent domain taking. What can account for this difference? As usual, the government looked for the lowest possible use of the property, agriculture, while the landowner saw the highest and best use for the property - residential (the town was moving toward the landowner's property, making it reasonable to believe residential growth could occur).
So, what two lessons can be learned from this? First, it is okay to challenge the government's determination of just compensation for your property. They are not right all the time. They are not right most of the time. And no person knows your property better than you. If you think the price is too low, consult an eminent domain professional to not only review your offer of just compensation to see if your thoughts about your property's value are correct, but to help you present your point of view to the government so they will view your eminent domain counter-offer with the respect it deserves.
And second, the government knows all about these large jury verdicts, and it scares them. They know going to a jury is a crap shoot (it is for the landowner too) and that the human tendency is to split the differing views down the middle, leaning more toward the side they think is actually right. This ensures that not only will the government listen to your eminent domain counter-offer, but they will traditionally be happy to work out a deal with you. Press like the story above also doesn't help the public perception of gov't officials, making them even more eager to please.
And it is stories like this that tend to prove this theory. Although not in Washington, Seattle, Spokane, Renton, Olympia, or otherwise, it is a good example of what tends to happen. In the Marysville, California area, property was needed, specifically 99 acres, for the improvement of levees. The person who owned the property thought his ground, containing peach and walnut orchards, were worth at least 2 million dollars more than the government had appraised it for. And instead of laying down and taking the government's offer of just compensation, he fought the government to get what was rightfully his - the fair market value of his lost property.
Traditionally, even when the parties are as far apart on their determination of valuation as these groups, the two sides will meet to talk. But in this case the governmental agency, tasked with rebuilding some levees, balked at meeting with the landowner. So what did the landowner do? He did what all Washington landowners facing condemnation should do: he hired an eminent domain expert.
After some time, the case went to a jury, who awarded the landowner 2.8 million dollars as just compensation for his eminent domain taking. What can account for this difference? As usual, the government looked for the lowest possible use of the property, agriculture, while the landowner saw the highest and best use for the property - residential (the town was moving toward the landowner's property, making it reasonable to believe residential growth could occur).
So, what two lessons can be learned from this? First, it is okay to challenge the government's determination of just compensation for your property. They are not right all the time. They are not right most of the time. And no person knows your property better than you. If you think the price is too low, consult an eminent domain professional to not only review your offer of just compensation to see if your thoughts about your property's value are correct, but to help you present your point of view to the government so they will view your eminent domain counter-offer with the respect it deserves.
And second, the government knows all about these large jury verdicts, and it scares them. They know going to a jury is a crap shoot (it is for the landowner too) and that the human tendency is to split the differing views down the middle, leaning more toward the side they think is actually right. This ensures that not only will the government listen to your eminent domain counter-offer, but they will traditionally be happy to work out a deal with you. Press like the story above also doesn't help the public perception of gov't officials, making them even more eager to please.
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