Washington State Eminent Domain Example | Federal Way Stormwater Retention Facility

I was glancing through the paper a week or so ago and saw a story that reminded me of why I love helping Washington State property owners negotiate eminent domain takings. Reported in the Federal Way Mirror, it appears as though the officials of Federal Way, Washington want to build a regional stormwater facility, presumably to capture the runoff from storm water that has been created as a result of all of the development in the area.

Because the city knows it needs this facility and will be building it in the relatively near future, Federal Way has determined it is necessary to use its power of eminent domain to get the property needed for the facility. This means that at least five property owners are facing the loss of some of their property in exchange for just compensation.

As you can see from the article, however, things have not been going as smoothly as one might have hoped. Although some of the property owners don't feel Federal Way needs all of the land it is asking for (an issue completely separate from just compensation and best handled by a Washington eminent domain attorney) a major problem is the amount of just compensation being offered for the property.

The story notes that when Federal Way initially contacted one of the landowners and presented the offer of just compensation the offer was for a measly $2,500. This was supposed to be compensation for the property Federal Way was taking as well as any damages the remaining property as a result of the take. After the property owner balked at the offer it was magically raised to $16,400! And that was without any help.

With a little more work, however, they may have been able to get much more. Generally, it is not enough for the property owner in this instance to simply tell Federal Way that his remaining property is going to be worth less after they take what they need. He needs to show them. That often includes finding comparable sales, reading and evaluating zoning ordinances, and combining all of the information gathered into a cohesive, persuasive presentation to the city.