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.

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