Seattle Washington Eminent Domain Attorney | The Quick-Take Explained

In most eminent domain circumstances the condemning authority must wait until your particular case has run its course (gone to trial by jury with a verdict returned and payment made) before they can actually take possession and use your property. But, in some circumstances that period of time is too long for what the condemning authority needs it for. In that instance, the condemning authority, whether the City of Olympia, the City of Bothell, the Seattle Department of Transportation (SDOT), the Washington Department of Transportation (WSDOT), or Sound Transit, has the ability to "quick-take" the property and gain possession of it very quickly.

For example, let's say the City of Seattle is constructing a road project and the construction deadline is approaching faster than the Seattle eminent domain process is going. They know unless they get the property quickly they are going to face significant fines and cost overruns on their project. They may petition the Court for a quick-take, which allows them to take possession of your property before the eminent domain action is complete.

How can they do this, and what is the process? It is governed by RCW 8.04.090. This the text of the statute:

In case the state shall require immediate possession and use of the property sought to be condemned, and an order of necessity shall have been granted, and no review has been taken therefrom, the attorney general may stipulate with respondents in accordance with the provisions of this section and RCW 8.04.092 and 8.04.094 for an order of immediate possession and use, and file with the clerk of the court wherein the action is pending, a certificate of the state's requirement of immediate possession and use of the land, which shall state the amount of money offered to the respondents and shall further state that such offer constitutes a continuing tender of such amount. The attorney general shall file a copy of the certificate with the office of financial management, which forthwith shall issue and deliver to him a warrant payable to the order of the clerk of the court wherein the action is pending in a sum sufficient to pay the amount offered, which shall forthwith be paid into the registry of the court. The court without further notice to respondent shall enter an order granting to the state the immediate possession and use of the property described in the order of necessity, which order shall bind the petitioner to pay the full amount of any final judgment of compensation and damages which may thereafter be awarded for the taking and appropriation of the lands, real estate, premises, or other property described in the petition and for the injury, if any, to the remainder of the lands, real estate, premises, or other property from which they are to be taken by reason of such taking and appropriation, after offsetting against any and all such compensation and damages the special benefits, if any, accruing to such remainder by reason of the appropriation and use by the state of the lands, real estate, premises, or other property described in the petition. The moneys paid into court may at any time after entry of the order of immediate possession, be withdrawn by respondents, by order of the court, as their interests shall appear.

To translate for you. If the state, or other condemning authority needs your land very quickly, for a legitimate reason, and the court has already determined that the condemning authority's use of the property is necessary, and no review has been taken to another court after that determination, the condemning authority may ask for a quick take of the property. If these prerequisites exist, the condemning authority then must do a few things: (1)file a certificate of necessity, including the amount of money already offered to you, with an acknowledgment that the offer stands, with the clerk of the court; (2) get a check for the amount offered and deposit it into the court; and (3) get an order from the court granting immediate use and possession of your property. If, at any time, you think the amount the court is holding is enough you can take it, or you can continue to negotiate with the condemning authority, and eventually you can go to jury trial. An important caveat is that once an order for immediate use and possession is granted the state must pay for your property. That means they can't back out if the price tag gets too high.

So, if you hear your condemning authority talking about needing a quick take, don't fret too much. It does not mean you won't get the money you deserve (you will) or that you won't get your day in court (you will). It just means the condemning authority needs your property very quickly and is willing to lay down the money they've already calculated as a "down payment" to whatever else might be coming.

If your Seattle, Washington or Washington State property is being taken by eminent domain, you don't have to sit by and take whatever the condemning authority offers. They will pay for you to have someone review your offer and let you know if they've missed anything. And they often do. CMS Law Firm LLC emphasizes eminent domain and works hard to make sure you get the just compensation (money) you deserve for your property. Our Seattle eminent domain attorneys and Washington eminent domain attorneys are ready to get you what you deserve. Call us today at 206.452.5242 or email us so we can begin helping you today.