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.
Showing posts with label Washington Eminent Domain News. Show all posts
Showing posts with label Washington Eminent Domain News. Show all posts
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.
5.17.2009
Washington Eminent Domain Lawyer | Chicago Woman Wins $25 Million Judgment
As a Washington eminent domain lawyer that takes great pride in helping landowners get the most money possible for their property, it is always nice to see a story in the news where the landowner beats the government in court. It is not that landowner don't often win, they do. But very often these victories come in settlements with city or state governments (see, for example, the Washington eminent domain victory regarding the Mercer Mess, settled for $8.4 million) or are not widely reported in the news.
But this one was so sweet I just had to talk about it. The landowner is a 101 year old woman who owns a golf course in the Chicago area. Several years ago (10 to be exact) a developer approached her and offered $25 million for the property, obviously to develop it into something else. She politely declined. Later, the city decided they needed it for some public project, and guess what their offer was? Do you think it was even close to $25 million? Their offer was between $5 and $6 million dollars.
How did the city get to determining the just compensation for this landowner and presenting this offer of just compensation? Did they use standard appraisal methods to determine what the property was worth that they were taking? Yes, they did. But, like many government appraisers, they failed to take into account the whole picture, and like the old saying goes, garbage in, garbage out. Despite the developer's offer 10 years ago, the city appraisers determined that the property could not be rezoned and developed, and appraised the property as a golf course, clearly the wrong highest and best use.
So, what did the landowner do? She did what you should to if your property is being taken by the government - hire an eminent domain attorney. The landowner's eminent domain lawyer was able to (probably very easily) analyze her property and see that the city had made a critical error. But the city, like most governments, held on and refused to acknowledge the argument of the landowner and her attorney.
So they went to trial. And they won big. You can read all of the details of the story here. But after the jury verdict, the city is waiting to determine if they really want to buy the property for what it is worth, instead of sneaking in a grabbing it for pennies on the dollar like so often happens. If the city doesn't pay the award, the landowner gets to keep the property and the city has to pay her attorney's fees, which I hope happens in this case.
If you are in Washington state, whether in Seattle, Yakima, Spokane, Everett, Tri-Cities, Vancouver, Olympia, King County, Spokane County, Yakima County, or anywhere else and your land is being taken by eminent domain, call CMS Law Firm LLC today. We'll analyze your offer of just compensation and make the government pay for it (they have to by law) and won't get paid unless we get you money over the amount of the initial offer of just compensation. As Washington eminent domain lawyers, we know how to analyze your case to maximize the money you get for your property.
But this one was so sweet I just had to talk about it. The landowner is a 101 year old woman who owns a golf course in the Chicago area. Several years ago (10 to be exact) a developer approached her and offered $25 million for the property, obviously to develop it into something else. She politely declined. Later, the city decided they needed it for some public project, and guess what their offer was? Do you think it was even close to $25 million? Their offer was between $5 and $6 million dollars.
How did the city get to determining the just compensation for this landowner and presenting this offer of just compensation? Did they use standard appraisal methods to determine what the property was worth that they were taking? Yes, they did. But, like many government appraisers, they failed to take into account the whole picture, and like the old saying goes, garbage in, garbage out. Despite the developer's offer 10 years ago, the city appraisers determined that the property could not be rezoned and developed, and appraised the property as a golf course, clearly the wrong highest and best use.
So, what did the landowner do? She did what you should to if your property is being taken by the government - hire an eminent domain attorney. The landowner's eminent domain lawyer was able to (probably very easily) analyze her property and see that the city had made a critical error. But the city, like most governments, held on and refused to acknowledge the argument of the landowner and her attorney.
So they went to trial. And they won big. You can read all of the details of the story here. But after the jury verdict, the city is waiting to determine if they really want to buy the property for what it is worth, instead of sneaking in a grabbing it for pennies on the dollar like so often happens. If the city doesn't pay the award, the landowner gets to keep the property and the city has to pay her attorney's fees, which I hope happens in this case.
If you are in Washington state, whether in Seattle, Yakima, Spokane, Everett, Tri-Cities, Vancouver, Olympia, King County, Spokane County, Yakima County, or anywhere else and your land is being taken by eminent domain, call CMS Law Firm LLC today. We'll analyze your offer of just compensation and make the government pay for it (they have to by law) and won't get paid unless we get you money over the amount of the initial offer of just compensation. As Washington eminent domain lawyers, we know how to analyze your case to maximize the money you get for your property.
5.13.2009
Washington Eminent Domain Attorney | Mercer Mess Finally Settled
After a lot of bickering, a lot of name calling, a lot of political maneuvering, and a lot of legal fees, the City of Seattle has finally settled the Mercer Mess case, an Seattle eminent domain action instituted to take the building West Marine, a Seattle boating business.
If you are not from the Seattle area, or never go downtown, or never read the newspaper or watch television, the Mercer Mess is that area of downtown Seattle that includes Mercer Street from about Fairway Avenue North to Westlake Avenue North. The road is currently one way, and has for years been causing a lot of congestion and hassle for those trying to get on and off the highway. To remedy this situation, the City of Seattle has decided to make the road a two way street. The funny thing about this is that traffic models show, and the City acknowledges, that the design proposed will not be able to handle the current traffic volume, much less the projected traffic volume. But they march forward nonetheless.
West Marine became tangled in this mess because their building is located at Mercer and Terry Avenue North, right in the heart of the Mercer Mess. To construct the project as designed, West Marine's building needed to come down. So, at least several months ago they tried to purchase the property from the owners and the tenants (West Marine), under the threat of condemnation, for an amount that was less than acceptable to landowner and tenant. So, West Marine did what any prudent business owner or landowner should do when facing a Washington eminent domain action - they hired a Washington eminent domain attorney, and to be more specific, a Seattle eminent domain attorney.
While, truth be told, they were less concerned about the money (the type of condemnation landowner work I do) and more concerned about the believed true reason for taking the property (for economic development - not a public purpose), in the end they reached an agreement to sell the property to the city for 8.4 million. I don't know what the property was worth because I didn't have a chance to look at the appraisals, but I would guess that they probably did okay for themselves.
What is the lesson to be learned from here? There are two of them. First, don't be afraid to fight the government for what you believe is right. Whether the City of Seattle, the Seattle Department of Transportation, the Washington Department of Transportation, Sound Transit, King County, the City of Spokane, or any other governmental entity or agency, you are entitled to just compensation for the taking of your property, and you are entitled to not have your property taken for non-public purposes.
And second, don't go into battle against a larger, more resourceful, more powerful enemy without having a little firepower of your own. This means hiring a Seattle eminent domain lawyer or Washington eminent domain lawyer to help you fight the hard fight. Experienced eminent domain lawyers know the weaknesses of the governments case and knows how to point that out to the government so they will understand where we are coming from.
If your Washington state property is being taken by eminent domain, call CMS Law Firm LLC today. We can help you get what you deserve for your property
If you are not from the Seattle area, or never go downtown, or never read the newspaper or watch television, the Mercer Mess is that area of downtown Seattle that includes Mercer Street from about Fairway Avenue North to Westlake Avenue North. The road is currently one way, and has for years been causing a lot of congestion and hassle for those trying to get on and off the highway. To remedy this situation, the City of Seattle has decided to make the road a two way street. The funny thing about this is that traffic models show, and the City acknowledges, that the design proposed will not be able to handle the current traffic volume, much less the projected traffic volume. But they march forward nonetheless.
West Marine became tangled in this mess because their building is located at Mercer and Terry Avenue North, right in the heart of the Mercer Mess. To construct the project as designed, West Marine's building needed to come down. So, at least several months ago they tried to purchase the property from the owners and the tenants (West Marine), under the threat of condemnation, for an amount that was less than acceptable to landowner and tenant. So, West Marine did what any prudent business owner or landowner should do when facing a Washington eminent domain action - they hired a Washington eminent domain attorney, and to be more specific, a Seattle eminent domain attorney.
While, truth be told, they were less concerned about the money (the type of condemnation landowner work I do) and more concerned about the believed true reason for taking the property (for economic development - not a public purpose), in the end they reached an agreement to sell the property to the city for 8.4 million. I don't know what the property was worth because I didn't have a chance to look at the appraisals, but I would guess that they probably did okay for themselves.
What is the lesson to be learned from here? There are two of them. First, don't be afraid to fight the government for what you believe is right. Whether the City of Seattle, the Seattle Department of Transportation, the Washington Department of Transportation, Sound Transit, King County, the City of Spokane, or any other governmental entity or agency, you are entitled to just compensation for the taking of your property, and you are entitled to not have your property taken for non-public purposes.
And second, don't go into battle against a larger, more resourceful, more powerful enemy without having a little firepower of your own. This means hiring a Seattle eminent domain lawyer or Washington eminent domain lawyer to help you fight the hard fight. Experienced eminent domain lawyers know the weaknesses of the governments case and knows how to point that out to the government so they will understand where we are coming from.
If your Washington state property is being taken by eminent domain, call CMS Law Firm LLC today. We can help you get what you deserve for your property
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.
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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