WA State Eminent Domain | Just Compensation | Offer and Appraisal

The Condemning Authority's Appraisal is Not Always Correct

One of the first things I learned was that although the appraiser's for the condemning authority try hard, they often missed critical elements that greatly undervalued property owners' land. This resulted in very low offers of just compensation and a lot of wiggle room for landowners that had experienced help. Washington eminent domain land valuation is very different from valuing regular property for several reasons: first, there are some rules that are specific only to eminent domain takes; second, sometimes there is property left over after the government has taken what they need (sometimes in multiple parts), and the way an appraiser would normally value this is not the same as they are required to do under eminent domain rules; and finally, the appraisers are often asked to complete their valuations very quickly, forcing them to make decisions they just aren't prepared to make.

Because government appraisers make mistakes, it is important to hire someone who can help you evaluate the condemning authorities offer and appraisal to make sure they've done a good job. And the great thing is, this initial review doesn't cost you a dime.

The Government is Often Willing to Negotiate the Price of Your Condemned Property up Significantly - If a Good Argument is Presented

Contrary to popular belief, the government actually wants to pay you what your property is worth - just compensation is a term they actually try to meet (for the most part). The government also knows that sometimes they make mistakes. They also know that generally it is much safer and much less expensive to ask you what you are asking than risk going through an eminent domain trial. This benefits landowners greatly - again, if you have good people working on your behalf.

Let me give you an example. Let's say the Sound Transit Authority is condemning your property for the light rail project that just passed. They need your property because it is in the footprint of the actual tracks of the light rail so there is no question it is for public purposes. Sound Transit has notified you they want to take your property, have had an appraisal done, and have presented you with an offer. The first thing you will notice is that Sound Transit has people working on their behalf to acquire your property - acquisition agents. This is all the more reason to have someone on your side. Now back to the example. Because they only took a strip of your property (referred to as a partial take) they have done a before and after analysis of your Seattle property.

A good Washington state eminent domain adviser will immediately look to the damages that have been assigned to the remainder of your property to make sure they were adequately accounted for. And assuming there were some problems with this would discuss the impacts to your property and how that might affect it if you would try to sell it in the future. Next you would bring up any discrepancy you thought you found to the acquisition agent, setting out in concrete terms why you believe the offer is low. If the justification is good, they will often come up and meet your request.