7.09.2009

Seattle Washington Eminent Domain Attorney | How Your Lawyer Gets Paid

As with any service people have to pay for, a large consideration is often given to the cost of the services involved. As a Seattle eminent domain attorney, our fees are based on the amount of just compensation we get for you over and above the amount originally offered to you by the government. Typically our fee is 30% of the amount before the case goes to trial, 35% if the case goes to trial (a jury is sworn in) and 40% if the case is appealed. To many this seems high, but the percentages are a reflection of a few different elements that go into determining a fair fee for services.

First, there is the consideration of you, the landowner. Typically the landowner doesn't have the funds to hire an attorney based on an hourly fee (x dollars per hour), which is how a lot of civil litigation is paid out. And it can get very expensive very fast. Because we understand that many landowners don't have the resources to pay by the hour (and honestly we don't like it because we feel like it hurts our relationship with you - we should be more concerned with the expertise we are providing you than how long it takes us to solve your problem) an alternative fee arrangement, the one described above had been created. That way your eminent domain case can get the attention it deserves, you don't have to watch the clock, and we don't have to watch the clock.

Second, it takes into account the risk that we take as Seattle eminent domain attorneys in helping you. What I mean is, there is the chance that we might not make anything by helping you out. If, after working on your case a jury (or we) decide the government was right in evaluating your property, we wouldn't receive any fee at all (or a small one if the increase was small). The percentages reflect the risk we are taking to help and provide some motivation for us to get the most money for you as is possible (which you deserve).

Third, and finally, this fee arrangement still leaves you with a substantial amount of the money we earn for you over and above the initial offer. So you reap the benefits of our expertise by getting money you otherwise would probably not have gotten, and we receive a fair fee for providing our expertise and negotiation skills to the problem. Condemnation law is a very tricky area of the law, and expertise in it is a must. I got my expertise by working as the eminent domain attorney for a governmental agency. Doing that allowed me to glimpse into the minds of governmental agencies and understand how they view these problems. The money we get you is money you deserve, but a lot of work goes into getting it for you.

If your property is being taken by eminent domain in Washington, please give us a call today. We will talk to you for free, review your offer on the government's dime, and will work hard to get you the just compensation you deserve. Call us today at 206.452.5241 or to get help with your condemnation problem.

7.07.2009

Seattle Washington Eminent Domain Attorney | The Quick-Take Explained

In most eminent domain circumstances the condemning authority must wait until your particular case has run its course (gone to trial by jury with a verdict returned and payment made) before they can actually take possession and use your property. But, in some circumstances that period of time is too long for what the condemning authority needs it for. In that instance, the condemning authority, whether the City of Olympia, the City of Bothell, the Seattle Department of Transportation (SDOT), the Washington Department of Transportation (WSDOT), or Sound Transit, has the ability to "quick-take" the property and gain possession of it very quickly.

For example, let's say the City of Seattle is constructing a road project and the construction deadline is approaching faster than the Seattle eminent domain process is going. They know unless they get the property quickly they are going to face significant fines and cost overruns on their project. They may petition the Court for a quick-take, which allows them to take possession of your property before the eminent domain action is complete.

How can they do this, and what is the process? It is governed by RCW 8.04.090. This the text of the statute:
In case the state shall require immediate possession and use of the property sought to be condemned, and an order of necessity shall have been granted, and no review has been taken therefrom, the attorney general may stipulate with respondents in accordance with the provisions of this section and RCW 8.04.092 and 8.04.094 for an order of immediate possession and use, and file with the clerk of the court wherein the action is pending, a certificate of the state's requirement of immediate possession and use of the land, which shall state the amount of money offered to the respondents and shall further state that such offer constitutes a continuing tender of such amount. The attorney general shall file a copy of the certificate with the office of financial management, which forthwith shall issue and deliver to him a warrant payable to the order of the clerk of the court wherein the action is pending in a sum sufficient to pay the amount offered, which shall forthwith be paid into the registry of the court. The court without further notice to respondent shall enter an order granting to the state the immediate possession and use of the property described in the order of necessity, which order shall bind the petitioner to pay the full amount of any final judgment of compensation and damages which may thereafter be awarded for the taking and appropriation of the lands, real estate, premises, or other property described in the petition and for the injury, if any, to the remainder of the lands, real estate, premises, or other property from which they are to be taken by reason of such taking and appropriation, after offsetting against any and all such compensation and damages the special benefits, if any, accruing to such remainder by reason of the appropriation and use by the state of the lands, real estate, premises, or other property described in the petition. The moneys paid into court may at any time after entry of the order of immediate possession, be withdrawn by respondents, by order of the court, as their interests shall appear.

To translate for you. If the state, or other condemning authority needs your land very quickly, for a legitimate reason, and the court has already determined that the condemning authority's use of the property is necessary, and no review has been taken to another court after that determination, the condemning authority may ask for a quick take of the property. If these prerequisites exist, the condemning authority then must do a few things: (1)file a certificate of necessity, including the amount of money already offered to you, with an acknowledgment that the offer stands, with the clerk of the court; (2) get a check for the amount offered and deposit it into the court; and (3) get an order from the court granting immediate use and possession of your property. If, at any time, you think the amount the court is holding is enough you can take it, or you can continue to negotiate with the condemning authority, and eventually you can go to jury trial. An important caveat is that once an order for immediate use and possession is granted the state must pay for your property. That means they can't back out if the price tag gets too high.

So, if you hear your condemning authority talking about needing a quick take, don't fret too much. It does not mean you won't get the money you deserve (you will) or that you won't get your day in court (you will). It just means the condemning authority needs your property very quickly and is willing to lay down the money they've already calculated as a "down payment" to whatever else might be coming.

If your Seattle, Washington or Washington State property is being taken by eminent domain, you don't have to sit by and take whatever the condemning authority offers. They will pay for you to have someone review your offer and let you know if they've missed anything. And they often do. CMS Law Firm LLC emphasizes eminent domain and works hard to make sure you get the just compensation (money) you deserve for your property. Our Seattle eminent domain attorneys and Washington eminent domain attorneys are ready to get you what you deserve. Call us today at 206.452.5242 or email us so we can begin helping you today.

6.24.2009

Why Isn't Your Families History on Land Taken Into Account in Condemnation?

In a typical Washington eminent domain case the step-by-step process is typically very similar: a project is identified; the property that is needed is identified; public meetings are held to discuss the project with affected landowners; the properties are appraised; offer letters are sent out; negotiations take place; and an agreement is reached or the matter is taken to trial for condemnation of the property. And typically, and probably rightly, when a landowner receives the offer of just compensation from the condemning authority, they feel like the offer is extremely low. And many times, they see what is not included in the appraisal rather than what is.

For example, let's say you are a property owner in the City of Spokane. The city has decided they need to add a center turn lane in the road that abuts your house, and to do so they need to acquire 6 feet of right of way off your front yard, which includes your fence. In the appraisal you see that they've determined what your house is worth before the taking and what it is worth after the taking, but failed to take into account the trouble all this was causing, the fact that they'd been in the home for generations, or the fact that his grandfather built the home with his bare hands.

As a Seattle, Washington eminent domain attorney who represents landowners exclusively, this is often the hardest issue to get around, and the toughest to understand, particularly as the landowner (I know if my property was being taken I'd be pretty upset about it). But it is important to understand, as heartless as it is, that the government doesn't care about that stuff, and under the law they don't have to (and you are actually prevented from talking about it at trial, at least in the context of value). In condemnation cases, the Constitution states that landowners should be paid just compensation for their property. Just compensation is defined as fair market value, including damages. In other words, what someone would pay, and what someone would reasonably sell the property for, at an arms-length transaction.

Is this fair? Probably not. Are there ways around it? There are subtle ways around it. But when negotiating with the eminent domain authority you will often find that they don't seem to care about the history of your home. That's why you need an experienced Seattle Washington condemnation attorney to help them understand how that information will affect the value of the property at trial (for example, what I mean is, it is improper to testify that your property is worth a lot to you because your grandfather built it, but it is more than proper for you to explain the history of your residence at the place - and the jury will fill in the blanks on their own). The people you are dealing with are often used to pushing around landowners and dismissing their claims. An experienced landowner eminent domain attorney can significantly affect the money you receive for your property.

If your property is being taken by eminent domain in Seattle, Spokane, Tri-Cities, or any other Washington city, please give us a call today. We can help you get the money you deserve.

6.22.2009

Seattle Eminent Domain Lawyer | Notice of Eminent Domain proceedings

If you read the Washington state statutes on eminent domain, you will find that any condemning authority threatening the condemnation of land has to give notice to the landowners of that intent to condemn. The notice must be mailed by certified mail to anyone listed as an owner on the property tax rolls. But it didn't used to be this way. In the past, notice of intent to condemn was satisfied by simply running an ad in the local newspaper or even posting the notice on the condemning authority's website! But that has changed in most states, a recent one being New York.

Although I am a Seattle eminent domain attorney by location, condemnation law around the country interests me. Cases are coming up all over the place that either possibly shed some light on Washington State law or provide a good idea for a future argument. Either way having more knowledge can only be helpful. That is how I stumbled upon this recent New York case.

The case is interesting because it recognizes that the newspaper is not probably the best medium of providing notice of pending eminent domain actions. In this case the property owner fought the government for about ten years before winning not only a judgment for damages, but the condemning authority decided it didn't need the property anymore. The condemning authority provided notice by newspaper but the landowner missed the notice, legally jeopardizing his opportunity to argue that the taking was not for a public purpose. He contested that ruling, arguing that the newspaper was not sufficient notice, particularly since the property to be taken were four large commercial buildings (he could have been directly contacted very easily).

After hearing the case the Supreme Court decided that the landowner was right. That not providing at least mailing notice was a violation of due process and allowed the landowner to contest the hearing if necessary (but he'd already settled with the city by then, negating the need for the hearing).

What does all this mean? If your land is being taken in Washington State then you need someone on your side to help. An experienced Washington condemnation attorney can provide the insight and help you need to get your case resolved in the best way possible. CMS Law Firm LLC is a firm that prides itself on fighting hard for its clients to get the most money for their land or to contest the taking of their land. Call us today for a free consultation.

6.11.2009

Seattle Washington Eminent Domain Attorney | Spokane Airports Lose Eminent Domain Battle

Any time eminent domain decisions come down from the Washington State Court of Appeals or Supreme Court it's interesting to take a look and discuss the outcome and how it might affect future eminent domain actions, both from a takings perspective and from a valuation (just compensation) perspective. It may be that it's just interesting to me because I'm a Washington eminent domain attorney. But that's okay since I'm the one that writes this blog!

This case starts out like almost every other Washington eminent domain case does, a (well supposed in this case) public entity wishes to procure some property for what it deems a public project and goes out and gets it, either through negotiating under the threat of condemnation or by instituting a condemnation action. Here, the Spokane Airport Board, a pseudo-agency created by the City of Spokane and Spokane County created to run the airport, decided to build a new airport tower. To comply with FAA regulations, they were informed they needed to create a line of sight that was currently obstructed by a number of buildings, some owned by Spokane Airways.

This is where it takes an interesting turn. After the City and County passed a resolution for eminent domain, the Airport Board took the property via eminent domain. An order of public use and necessity was signed, and an order of immediate possession was signed. RMA agreed to be out by March 20. While this was going on, RMA attempted to exercise some of the provisions of its lease with the Board, particularly one that provided they were to receive new space at the airport for their operation. The judge refused to dismiss these contract claims, so the Board tried to take the contract rights as a part of its eminent domain powers.

But the court said "uh-uh," finding that eminent domain only took the possessory interest granted by the lease, not all of the remaining underlying provisions (like what the Board had to do in the event eminent domain was necessary). The Board appealed to the Supreme Court, wherein RMA filed a supplemental brief arguing the Board doesn't have any authority to condemn, and the entire action should be dismissed.

The courts analysis, which is sound, found in favor of RMA. Eminent domain statutes are construed very strictly. Those statutes allow for the creation of joint ventures for cooperative action, but maintain that eminent domain actions must be made in the name of the governmental entity that granted the power to the joint venture (in the case, the Board). Because the actions were not brought in the name of the City and County, the Court of Appeals dismissed the action.

Christopher Small is a Seattle eminent domain lawyer and Washington eminent domain lawyer emphasizing helping landowners get the full amount of just compensation they are entitled to. Having your property taken by the government is a trying experience, and it is important to have someone on your side with the knowledge, expertise, and experience to fight for your rights and recognize where the government has short changed you. Call us today for a free consultation.

6.09.2009

Seattle Washington Eminent Domain Lawyer | Don't Hire Your Own Appraiser Immediately

One of the great things about being an attorney is that every day I get the opportunity to help someone solve a problem they have. I get the chance to make someone's life better, put their mind at ease, and feel like they've been listened to. And, since I have this platform to write on, I like to share some of those stories so you can avoid any pitfalls or problems those before you may have encountered.

Today I got an email from a woman who was having some of her property taken by eminent domain so that a school parking lot could be built. She'd read some information of mine on a different Seattle eminent domain blog I keep up (more for fun than anything) and wrote me an email asking me a couple of questions. Those questions were: (1) should I get my own eminent domain appraisal or use the school district's appraisal; and (2) who can I talk to that can help?

These are the two most common questions I hear all the time. Having your property taken by eminent domain in Washington State, or anywhere else, whether for a school parking lot, commuter train, road widening, sewer line, or public building, is a process people may only experience once in their life. And the tendency is for people to want to trust the government is doing right by them with their offer of just compensation (they often are not - government staff may be some of the most overworked and underpaid around, not a good combination for great work product). On top of that, many people just don't know enough about eminent domain to put up the fight required to get what you deserve.

Let me get back to answering these questions. Questions number one, should you get your own appraisal or use the school district's appraisal? The answer: neither. And let me explain. First, you don't want to get your own appraiser, at least not until very late in the process (like after the actual eminent domain petition has been filed in court). There are a couple of reasons for this. Reason number one is appraisers are expensive, and you aren't going to necessarily see a lot of return on your investment. The kind of appraisal that you want to properly evaluate your land from an eminent domain perspective is going to cost anywhere from $3,000 - $5,000, and that is on a residential property. The second reason is that an appraisal is your own worst enemy. Once you have committed to a specific determination of value, you don't have a lot of wiggle room. If you stumble upon a factor that significantly increases the value of your property after the appraisal has been completed, you'll have to shell out more money to get it revised.

Second, you should use the school district's appraisal, but only to bolster your theory of value and show the school district what they missed when compiling their evaluation. An appraisal is kind of like an essay test - there are many right answers that can be framed in many different ways. And, like an essay test, it is always better to be the person grading the test than the person writing the test. So, you won't necessarily rely on the school district's appraisal, but you will use that as a baseline from which to build upon.

Some of the things that might be missed in an appraisal are: loss of access; incorrect assessment of highest and best use; utilization of poor comparable sales; making incorrect adjustments for the differences between your property and the comparable sales; or failing to utilize a more appropriate appraisal method altogether. These errors can lead to thousands and thousands of dollars for your property. And the money doesn't come from getting your own appraisal, but from analyzing critically the government's appraisal.

And how do you critically analyze the government's appraisal? This is the answer to question two - you hire a qualified Seattle eminent domain attorney to assist you with your property. The difference between a Washington eminent domain lawyer and a normal run of the mill lawyer is this: the run of the mill attorney knows nothing about eminent domain valuation. Unless you stumbled into this area of the law, most attorneys have never even seen a case like this before. An qualified Seattle eminent domain lawyer will be able to evaluate your offer of just compensation, review and critically analyze the government's appraisal of your property, and communicate to the government, in a way they will understand, why the government owes you a lot more money than they have indicated on their offer of just compensation. And, although every case is different, in almost every case there is money left on the table by landowners whose property is taken by eminent domain.

So, what are the lessons here? First, don't hire your own appraiser until you are required to defend your position in court. Until that point they are neither cost effective nor persuasive to the government. And second, don't negotiate on your own. Find and hire an eminent domain lawyer you can trust, one that is familiar with the law and will fight hard to get you the property you deserve. In Washington State, you can find a lawyer like that at CMS Law Firm LLC.

6.04.2009

Seattle Eminent Domain Lawyer | Appraisal Problems Continue to Exist

It's funny how some things just always stay the same. I was out meeting a potential client a few days ago (I meet most, if not all, of my clients at the site where the property is being taken - there is no better way to see exactly what is going on) and we got to talking about his property and the offer of just compensation by the government, and it dawned on me that government appraisals are usually just not very good.

In this instance, the appraisal was several years old, was called a construction easement though in reality they were taking all access to the abutting road, and failed to account for the fact that access to the property could be cut off for several years! I won't tell you what the amount of the offer of just compensation was, but believe me when I tell you it very nearly didn't even take into account the actual amount of the construction easement.

I see it all the time, and I saw it when I worked for the government as their eminent domain attorney - the appraisers just aren't given a fair shot at appraising the property, and the government just doesn't care. I think the government weighs the cost of doing the appraisals correctly against doing the way the currently do, and they realize to do it right would cost a lot more time and money (and result in more money paid to property owners). In all my time as a Seattle eminent domain attorney, I have not yet once seen an offer of just compensation or an appraisal that erred on the side of the landowner.

Part of the problem, I think, is that people just give the government the benefit of the doubt too much, or feel bad for questioning what they are doing. But in reality they are being taken advantage of because they, as landowners, are basically giving the government money for free. And I'm not saying this because I help landowners out. I see it everyday, and saw it every day when working for the government.

And I can't repeat this enough - even if you don't call us, call a Seattle eminent domain lawyer or Washington eminent domain lawyer today and at least have them look at the offer of just compensation and appraisal of your property. I say even if you don't call us because at least then you'll have some piece of mind that you are being paid what you deserve (although I do feel we are one of the best out there at evaluating property taken by condemnation).

Be the example I just gave. Be the landowner that got help for your eminent domain problems. In the end, you'll be glad you did.

6.01.2009

Seattle Eminent Domain Lawyer | How is an Offer of Just Compensation Calculated?

Eminent domain law, even in Seattle, is such a scary proposition, because most people never deal with it or even hear of it until they get that letter or attend that meeting at city hall and learn that the government might be taking their land. Whether the Seattle Department of Transportation, Sound Transit, the Washington Department of Transportation, the City of Seattle, the City of Bellevue, Everett, Tacoma, or any other government agency, they all calculate your offer of just compensation in much the same way, and many times they know about as much about eminent domain as you do (which actually is not good for your bargaining power).

The eminent domain process begins by defining the right of way. Right of way is the property that is needed for the new project, whether the widening of a road or the construction of a sewer line. Once the right of way is defined, an appraiser, hopefully one that has some experience with eminent domain, is asked to value the property based on the problem presented to them. Often the problem is simply "we are taking this land, this land is left over, what do we owe the property owners." The appraisers generally get all of the properties at once and have a short amount of time to do their appraisals. This often leads to many many errors.

As a Seattle eminent domain lawyer who used to work with a government agency (though, admittedly, not in Washington State) doing their eminent domain work, I was able to see first hand the kinds of mistakes that are made on a daily basis. This included not adjusting at all for the subject property, using the same comparable sales across the board, even for different property types, and failing to recognize any damage to the remaining property as a result of the take.

If your property is being taken by eminent domain in the Seattle area or throughout Washington State, give CMS Law Firm LLC a call today. We'll give you an initial consultation for free, review your offer on the government's dime (they have to pay up to $750 to have your offer reviewed), and if we think the government has erred in their valuation of your property, we don't get paid unless we get you something over your initial offer. The Washington eminent domain process is not easy to navigate. Call us today so we can help you get the money for your property you deserve.

5.17.2009

Washington Eminent Domain Lawyer | Chicago Woman Wins $25 Million Judgment

As a Washington eminent domain lawyer that takes great pride in helping landowners get the most money possible for their property, it is always nice to see a story in the news where the landowner beats the government in court. It is not that landowner don't often win, they do. But very often these victories come in settlements with city or state governments (see, for example, the Washington eminent domain victory regarding the Mercer Mess, settled for $8.4 million) or are not widely reported in the news.

But this one was so sweet I just had to talk about it. The landowner is a 101 year old woman who owns a golf course in the Chicago area. Several years ago (10 to be exact) a developer approached her and offered $25 million for the property, obviously to develop it into something else. She politely declined. Later, the city decided they needed it for some public project, and guess what their offer was? Do you think it was even close to $25 million? Their offer was between $5 and $6 million dollars.

How did the city get to determining the just compensation for this landowner and presenting this offer of just compensation? Did they use standard appraisal methods to determine what the property was worth that they were taking? Yes, they did. But, like many government appraisers, they failed to take into account the whole picture, and like the old saying goes, garbage in, garbage out. Despite the developer's offer 10 years ago, the city appraisers determined that the property could not be rezoned and developed, and appraised the property as a golf course, clearly the wrong highest and best use.

So, what did the landowner do? She did what you should to if your property is being taken by the government - hire an eminent domain attorney. The landowner's eminent domain lawyer was able to (probably very easily) analyze her property and see that the city had made a critical error. But the city, like most governments, held on and refused to acknowledge the argument of the landowner and her attorney.

So they went to trial. And they won big. You can read all of the details of the story here. But after the jury verdict, the city is waiting to determine if they really want to buy the property for what it is worth, instead of sneaking in a grabbing it for pennies on the dollar like so often happens. If the city doesn't pay the award, the landowner gets to keep the property and the city has to pay her attorney's fees, which I hope happens in this case.

If you are in Washington state, whether in Seattle, Yakima, Spokane, Everett, Tri-Cities, Vancouver, Olympia, King County, Spokane County, Yakima County, or anywhere else and your land is being taken by eminent domain, call CMS Law Firm LLC today. We'll analyze your offer of just compensation and make the government pay for it (they have to by law) and won't get paid unless we get you money over the amount of the initial offer of just compensation. As Washington eminent domain lawyers, we know how to analyze your case to maximize the money you get for your property.

5.13.2009

Washington Eminent Domain Attorney | Mercer Mess Finally Settled

After a lot of bickering, a lot of name calling, a lot of political maneuvering, and a lot of legal fees, the City of Seattle has finally settled the Mercer Mess case, an Seattle eminent domain action instituted to take the building West Marine, a Seattle boating business.

If you are not from the Seattle area, or never go downtown, or never read the newspaper or watch television, the Mercer Mess is that area of downtown Seattle that includes Mercer Street from about Fairway Avenue North to Westlake Avenue North. The road is currently one way, and has for years been causing a lot of congestion and hassle for those trying to get on and off the highway. To remedy this situation, the City of Seattle has decided to make the road a two way street. The funny thing about this is that traffic models show, and the City acknowledges, that the design proposed will not be able to handle the current traffic volume, much less the projected traffic volume. But they march forward nonetheless.

West Marine became tangled in this mess because their building is located at Mercer and Terry Avenue North, right in the heart of the Mercer Mess. To construct the project as designed, West Marine's building needed to come down. So, at least several months ago they tried to purchase the property from the owners and the tenants (West Marine), under the threat of condemnation, for an amount that was less than acceptable to landowner and tenant. So, West Marine did what any prudent business owner or landowner should do when facing a Washington eminent domain action - they hired a Washington eminent domain attorney, and to be more specific, a Seattle eminent domain attorney.

While, truth be told, they were less concerned about the money (the type of condemnation landowner work I do) and more concerned about the believed true reason for taking the property (for economic development - not a public purpose), in the end they reached an agreement to sell the property to the city for 8.4 million. I don't know what the property was worth because I didn't have a chance to look at the appraisals, but I would guess that they probably did okay for themselves.

What is the lesson to be learned from here? There are two of them. First, don't be afraid to fight the government for what you believe is right. Whether the City of Seattle, the Seattle Department of Transportation, the Washington Department of Transportation, Sound Transit, King County, the City of Spokane, or any other governmental entity or agency, you are entitled to just compensation for the taking of your property, and you are entitled to not have your property taken for non-public purposes.

And second, don't go into battle against a larger, more resourceful, more powerful enemy without having a little firepower of your own. This means hiring a Seattle eminent domain lawyer or Washington eminent domain lawyer to help you fight the hard fight. Experienced eminent domain lawyers know the weaknesses of the governments case and knows how to point that out to the government so they will understand where we are coming from.

If your Washington state property is being taken by eminent domain, call CMS Law Firm LLC today. We can help you get what you deserve for your property

5.08.2009

Washington Eminent Domain Lawyer | Just Because they Say they Won't Use Eminent Domain Doesn't Mean they Won't

Eminent domain, no matter where it occurs or why it occurs, is always a very touchy subject. When a governmental entity is taking someone's land, it sparks a lot of emotion because so many people associate their livelihood and freedom with their ability to own property. And that is probably a good thing.

But, a good lesson for all you property owners out there is that just because the government says they won't use eminent domain for your property doesn't mean they'll hold onto their word. A perfect example comes out of Pittsburgh, as picked up by the Bellingham Herald. The story, which you can read here, exposes the government's sometimes less than tactful way of handling things.

The United States Park Service decided it wanted to build a memorial to those that lost their lives in the 9/11 attack over the Pennsylvania countryside. They wanted to build the memorial on the land where the crash actually occurred. To do this, they began "negotiating" with the people that owned that land. I use the word negotiating loosely because, at least from the information in the article, it doesn't appear that many appraisals were done, many offers were actually presented, or any negotiations took place. As the time has drawn nearer for the start of this memorial, all of a sudden the government has decided to proceed with eminent domain.

In my experience as an eminent domain lawyer, this was probably an unintended way for the government to negotiate with the landowners without actually having to follow the federal guidelines for purchasing property. When eminent domain is used, an appraisal of the property must be completed and a formal written offer must be extended to the landowners before a purchase can be made. By discussing purchasing the property without the underlying threat of eminent domain, maybe the government just thought it didn't have to actually determine what the property was worth before hand.

If this were happening in Washington state, I'd recommend that every landowner get in touch with a Washington State eminent domain attorney. Not because I am an eminent domain attorney, but because they can help you get the money you deserve for your property. For example, how accurate do you think these appraisals are going to be when they are done as quickly as necessary to progress with this eminent domain action? Appraisers miss important factors leading to increased value of property all the time. It really helps to have someone there that can help you with the process.

If your property is being taken by eminent domain or condemnation, please contact a Washington eminent domain lawyer or a Washington condemnation attorney today. You'll be glad you did.

5.06.2009

Washington Eminent Domain Lawyer | New Senate Bill had Eminent Domain Implications

In an interesting piece of news, the Washington State Senate recently passed SHB 1332, an act relating to the authority of a watershed management partnership to exercise powers of its forming governments. Watershed management partnerships are usually created by two adjacent or cooperating governmental entities to jointly manage a watershed district. The point of the bill is to clarify a couple of things: first, that by interlocal agreement two governmental entities may join forces to form a a watershed management partnership and that partnership may establish itself as a separate legal entity with the ability to contract and assume indebtedness; and second, that the watershed partnership itself, so long as the two local governmental entities have the power of eminent domain, may exercise the power of eminent domain, but the separate entity established may not.

Although this may sound ominous, it appears as though the legislature was acting to clean up what must have been a confusing conundrum for local governmental entities that want to try to get water to their communities and preserve the ability to get water to their communities. This bill just points out what should make sense, that two entities that join forces to work together that both have the power of eminent domain can exercise that power jointly.

For example, let's say Seattle and Bonney Lake want to join forces to make a watershed management partnership so that Bonney Lake can get water from Seattle (I'm just making this up, so take it as a purely hypothetical example). If the partnership was formed, it would be able to exercise the Seattle eminent domain power and the Bonney Lake eminent domain power simultaneously, so long as the power was exercised by the partnership and not any legal entity created via the partnership. In the example in the bill summary, they point out that Tacoma has exercised its eminent domain powers to provide water to Bonney Lake.

Where this gets interesting though is with the Cascade Water Alliance, which appears to be a conglomerate of cities trying to get water out of Lake Tapps by building a pipeline. Although plans have not yet progressed even as far as the environmental studies, it appears this bill might in the future allow them to exercise eminent domain to the possible detriment of other cities such as Bonney Lake, Auburn, Sumner, and Buckley, which aren't a part of the Cascade Water Alliance but are in Pierce County.

If your property is being taken through eminent domain in Bonney Lake, Auburn, Seattle, Sumner, Buckley, Lake Tapps, Tacoma, King County, Pierce County, or anywhere else in Washington, be sure to contact a Washington eminent domain lawyer as soon as possible. A Washington eminent domain lawyer will have a wealth of information to help you through the process and can be an invaluable resource.

5.05.2009

Welcome to Washington Eminent Domain Lawyer

Welcome to Washington Eminent Domain Lawyer, the official eminent domain, condemnation, and relocation assistance blog of CMS Law Firm LLC. We have created this blog for several reasons, the first of which is to allow you, hopefully a potential client, to get to know us, someone who can help you deal with your pending Washington State or Seattle area eminent domain case.

I say Seattle area because I don't work exclusively in Seattle (although my office is located there). We are also available in cities like Everett, Tacoma, Kirkland, Bellevue, Redmond, Renton, Federal Way, Bothell, Lake City, Lynnwood, Woodinville, Kent, Auburn, along with King, Snohomish, and Pierce County. I'm also available throughout the state of Washington to help you if you need it. My travel time is built into my fee, so I don't charge extra if I have to drive to see you, and our office prides itself on providing aggressive, zealous, effective representation to all of our clients.

Now, maybe just a little bit about me, Christopher Small, the author of this blog, and how I came to be a Seattle eminent domain lawyer. I am originally from Kansas, and I graduated from both college and law school at the University of Kansas. After law school I practiced law in Kansas for four years, doing work ranging from felony criminal defense, DUI defense, eminent domain, family law, business law, and general civil litigation. I moved out here about 6 months ago because my wife took a job at the University of Washington athletic department.

Our firm has chosen to focus as Seattle DUI lawyers, a Seattle criminal lawyers, and a Washington eminent domain lawyers for one primary reason: I like the idea of helping people come out on top when they face great odds. In both eminent domain and criminal law you are facing the power and resources of the city, county, or state government. And in both cases the government often, though unintentionally, commits errors that significantly affect the lives of those they are opposing. I should know because I worked for a Kansas governmental agency as their eminent domain lawyer and witnessed first hand the errors that were often made. I like the idea of evening the playing field between the average citizen and the government, and that is what CMS Law Firm LLC aims to do.

Back to why I created this blog. The second reason is so I can keep all of you updated on the state of Washington eminent domain news and laws. Everyday people are doing things and courts are making decisions that can help you in your Seattle eminent domain case. I want to let you know about that information.

In closing, welcome to our blog. We hope you enjoy it, and please feel free to leave comments.