Tuesday

WA State Eminent Domain | Olympia WA Property Appraised Too Low

Just read an interesting article out of Olympia, Washington about a brewery owner that won his fight for just compensation, receiving well more than the city's initial appraisal and offer. This is a great example of how expertise in Washington State eminent domain processes and procedures can really make a difference in the outcome of the determination of just compensation for your property.

In this case, three cities, Olympia, Tumwater, and Lacey City decided they needed the water rights the property owner held to divide up between themselves for the citizens of their cities. The original offer of just compensation, for the water rights and 18 acres of land, was 5.3 million dollars. The major point of contention for the property owner was the valuation of the water rights, which, as you can imagine, in this day in age hold a tremendous amount of value (water rights essentially allow the owner the right to water out of a stream or river). After a lot of negotiation, and eventually a mediation (a process that generally takes place after a condemnation or eminent domain action has been filed in court)the parties agreed the property owner should be paid approximately $750,000 more, a substantial sum of money.

This case is an example of why landowners need experienced professionals on their side to review the state's and city's appraisals and offers of just compensation. In the instance above, for example, if the property owner would have called for help immediately after receiving Olympia's offer of just compensation we would have reviewed the offer, conducted some preliminary research, and advised the property owner on how to proceed.

In all likelihood there would have several rounds of negotiations to see if both sides could reach an agreement on the amount of just compensation (condemning authorities are often substantially below what the actual fair market value of the property is).

No comments: