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.