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.

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.

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.

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.

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.

Washington Eminent Domain Lawyer | New Senate Bill had Eminent Domain Implications

In an interesting piece of news, the Washington State Senate recently passed SHB 1332, an act relating to the authority of a watershed management partnership to exercise powers of its forming governments. Watershed management partnerships are usually created by two adjacent or cooperating governmental entities to jointly manage a watershed district. The point of the bill is to clarify a couple of things: first, that by interlocal agreement two governmental entities may join forces to form a a watershed management partnership and that partnership may establish itself as a separate legal entity with the ability to contract and assume indebtedness; and second, that the watershed partnership itself, so long as the two local governmental entities have the power of eminent domain, may exercise the power of eminent domain, but the separate entity established may not.

Although this may sound ominous, it appears as though the legislature was acting to clean up what must have been a confusing conundrum for local governmental entities that want to try to get water to their communities and preserve the ability to get water to their communities. This bill just points out what should make sense, that two entities that join forces to work together that both have the power of eminent domain can exercise that power jointly.

For example, let's say Seattle and Bonney Lake want to join forces to make a watershed management partnership so that Bonney Lake can get water from Seattle (I'm just making this up, so take it as a purely hypothetical example). If the partnership was formed, it would be able to exercise the Seattle eminent domain power and the Bonney Lake eminent domain power simultaneously, so long as the power was exercised by the partnership and not any legal entity created via the partnership. In the example in the bill summary, they point out that Tacoma has exercised its eminent domain powers to provide water to Bonney Lake.

Where this gets interesting though is with the Cascade Water Alliance, which appears to be a conglomerate of cities trying to get water out of Lake Tapps by building a pipeline. Although plans have not yet progressed even as far as the environmental studies, it appears this bill might in the future allow them to exercise eminent domain to the possible detriment of other cities such as Bonney Lake, Auburn, Sumner, and Buckley, which aren't a part of the Cascade Water Alliance but are in Pierce County.

If your property is being taken through eminent domain in Bonney Lake, Auburn, Seattle, Sumner, Buckley, Lake Tapps, Tacoma, King County, Pierce County, or anywhere else in Washington, be sure to contact a Washington eminent domain lawyer as soon as possible. A Washington eminent domain lawyer will have a wealth of information to help you through the process and can be an invaluable resource.