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.