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.
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