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.
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.
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.
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.
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.
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.
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