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
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.
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.
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.
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.
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