Washington State Eminent Domain | The Eminent Domain Process

If you are reading this, your Seattle, Olympia, Spokane, Yakima, Tacoma, or other Washington State property is probably being taken through the process of eminent domain. And although the acquisition agents representing the governmental agencies should have given you some information on the process, it is probably still a little overwhelming, and you might still have questions. Hopefully this answers some of your basic questions about losing your Washington State property to eminent domain.

As has already been discussed, the condemning authority's have professionals on their side helping them to get your property, and property owners should have professionals helping them too. Losing your land to eminent domain is a trying process, and you not only need help to get the most money for your land, but having helps actually tends to result in more money for your condemned land.

Washington State Eminent Domain Process Begins with Title Work

Assuming the condemning authority has determined the amount of extra land it needs for its project, the next step it takes is to find out for sure who owns the property, if there are any tenants on the property, and if there are any leases (mineral or otherwise on the property), so they can make sure the right people are paid for the property (and so they make sure they get the property interest they want).

This process is similar to the process followed when you bought your property. Often a simple title search is completed to find out who owns the property, and the results are then inputted into a database identifying you as the property owner and assigning your land a parcel number. The title work will often also reveal any leases, mineral or otherwise, clouding the title of the property. If there are other property interest holders everyone will need to agree to the sale price (and the distribution of money) before a final agreement will be reached.

Washington State Eminent Domain Process Part II - Appraisal

This is the meat of the entire process. A good appraisal results in you getting the money you deserve for your property. A bad appraisal results in you leaving money on the table that is rightfully yours (there is never a time when you get more money than you deserve from the appraisal - it just doesn't happen).

The first step, generally, in the appraisal process, is presenting the "problem" to the appraiser. A funny thing about this part of the process is that appraisers generally adhere to the rules and regulations prescribed by USPAP, the Uniform Standards of Professional Appraisal Practice. The only problem with that is that the rules relating to Washington State eminent domain valuation and just compensation is that often those rules go against the traditional practices of appraisers. Many times appraisers don't apply these rules when the initial appraisal is done, this can result in a much lower valuation should occur.

For example, the rule regarding property that is only partially taken is that you first determine the value of the entire property and then you value the value of the remaining property (including any loss in value occurring as a result of the loss of the property). So, if you have a large parcel of property in Spokane or Kinnewick, say 80 acres, and a new highway alignment is going to cut that right in half, what you will often find with an appraiser is that they will not attribute any loss in value to the remaining property. From their end, the remaining property is more value because it is now two parcels that can be sold of individually. But in truth there is probably substantial damage to the remainder, because you don't look at selling both halves separate, but what you could sell that land in Spokane County as a whole, with a highway running right through it.

As you might guess, if the appraiser messes this up, your property will be substantially undervalued. This, among other things, is why you should hire an expert to review your offer of just compensation so you can get the most money for your property taken by eminent domain.

Washington State Eminent Domain Process Part III The Offer and Negotiation

Once the appraisal is complete, the condemning authority will put together an offer of just compensation for your property and present it to you. At this time you should do one thing - ask for a copy of the appraisal. They don't have to give it to you, and sometimes they won't. But if they do it provides valuable information for you to get more money for your land. This is important because the key to getting the most money for your property taken by eminent domain is breaking down the government's appraisal. This means it is not helpful to get a separate appraisal of your condemned property. If you get an appraisal, the condemning authority will do exactly what I would do if hired by you - cut up the appraisal.

When I worked for a government agency as their eminent domain attorney I ran into this problem all the time. I knew the weaknesses of our appraisals, and if landowner's hired someone experienced in eminent domain, they would soon see the weaknesses of our appraisal.

Once the offer is given to you, the negotiation process begins. This, in some cases, can include relocation benefits (generally if your house or business is being taken through eminent domain), but it generally includes a discussion regarding the value of the property and the damage accruing to the remainder. And make no mistake, there is a lot of room to negotiate the sale of your property to the government.