The title of this post is an old saying I'm sure you've heard many times before, and it applies to Seattle eminent domain law and the process of negotiation the sale of your property to the government. Often when landowner first find out the government is taking their property their initial emotion is anger. Many landowner feel like the government has singled them out and decided to impose their force on them for one reason or another.
The truth is, you were probably just another landowner on another set of engineering plans for another road improvement project.
The key to making yourself feeling better, to sticking it to the man if possible, is getting the most money you possibly can for the sale of your property. And the best way to do that, if you couldn't tell by the title of my post, is to work with the government on the sale of your property, not against them.
As a Seattle eminent domain lawyer I've seen time and time again how starting off on the right foot can actually lead to more money. Often the differences in value, though objectively presented, come down to a value judgment. And I can tell you from experience that the more the government likes you, the more they know your story, the more likely they are to agree to your numbers. So, if your property is being taken by the government through eminent domain, don't yell and cuss. Hire a good Seattle condemnation attorney, butter them up, and take as much money as you can get.
Tuesday, July 14, 2009
Thursday, June 25, 2009
Seattle Washington Condemnation Attorney | Valuing Easements
In Washington State, valuing easements is much the same as valuing a taking of the entire parcel of land (called the "fee" in legalese). Taking the full fee of the property (when some property is left over) is calculated by determining what the value of the property was before the property was taken and what the value of the property is after the property is taken. Associated with this are often damages to the remaining property, determined by figuring how much less someone would pay for the property after the property is taken.
So, for example, your Seattle eminent domain attorney would argue that after the property was taken your property is worth less than it was before. This can often be the result of a lower highest and best use (commercial uses to residential uses, for example), an increase in noise, the property being severed, or many many other things (including, in some strange cases, the loss of garden decor).
This same valuation applies to easements, except that in the determination of valuation you have to take into account any use the landowner could make of the property during the term of the easement. So, in many ways it is the same valuation, only the extra step of thinking about the uses the landowner could put the land to that must be taken into account.
If your land is being taken by eminent domain, you should at least speak with a Seattle condemnation lawyer. Their knowledge and expertise can make a significant difference in the compensation you receive (or at least allow you to sleep at night knowing you received everything you could). If your land is being taken by the government call someone today.
So, for example, your Seattle eminent domain attorney would argue that after the property was taken your property is worth less than it was before. This can often be the result of a lower highest and best use (commercial uses to residential uses, for example), an increase in noise, the property being severed, or many many other things (including, in some strange cases, the loss of garden decor).
This same valuation applies to easements, except that in the determination of valuation you have to take into account any use the landowner could make of the property during the term of the easement. So, in many ways it is the same valuation, only the extra step of thinking about the uses the landowner could put the land to that must be taken into account.
If your land is being taken by eminent domain, you should at least speak with a Seattle condemnation lawyer. Their knowledge and expertise can make a significant difference in the compensation you receive (or at least allow you to sleep at night knowing you received everything you could). If your land is being taken by the government call someone today.
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Thursday, April 16, 2009
Seattle Eminent Domain Lawyer | Eminent Domain Jury Trial
All attorneys, no matter if you represent landowners in an eminent domain case or the condemning authority (Washington Department of Transportation, Sound Transit, Puget Sound Energy, Seattle Department of Transportation, King County Department of Transportation, etc.) feel like if they are taking a case to trial they have a fairly good shot of receiving a favorable verdict. The truth is, however, that often the chances are closer to fifty fifty, and it is impossible to tell what a jury will focus on in your specific eminent domain trial. Often the margin between a successful verdict and an unsuccessful one is razor thin.
For example, in South Dakota, a recent jury trial in an eminent domain action for land for an airport resulted, in essence, in a victory for the county. From the story, found here, it looks as though there was a legitimate difference of opinion in the value of the land. The County was at about $5,000 an acre, and the landowner was at about $8,000 an acre. In the end, the jury decided the County's determination of value was closer to correct, returning a verdict very close to what the County offered as value.
As an aside, in a case like this, with only $3,000 in difference between the parties, no matter what the amount of acreage (in this case it was 200 acres, making a difference of about $600,000 in price) I can't believe a settlement wasn't reached. Although a trial doesn't cost $600,000, generally it is expected that the jury will come somewhere in the middle of the parties. One side must have been fairly confident in their expert appraiser to take this to trial. In this case I hope it was the County.
In any event, as always, it is important to have a good eminent domain attorney, and because we are in the Seattle area, a good Seattle eminent domain attorney. Not only can it make a difference at trial, but they will have the knowledge and experience to know when it is time to go to trial, and sometimes, more importantly, when it is time to settle and take as much as you can get over the offer.
For example, in South Dakota, a recent jury trial in an eminent domain action for land for an airport resulted, in essence, in a victory for the county. From the story, found here, it looks as though there was a legitimate difference of opinion in the value of the land. The County was at about $5,000 an acre, and the landowner was at about $8,000 an acre. In the end, the jury decided the County's determination of value was closer to correct, returning a verdict very close to what the County offered as value.
As an aside, in a case like this, with only $3,000 in difference between the parties, no matter what the amount of acreage (in this case it was 200 acres, making a difference of about $600,000 in price) I can't believe a settlement wasn't reached. Although a trial doesn't cost $600,000, generally it is expected that the jury will come somewhere in the middle of the parties. One side must have been fairly confident in their expert appraiser to take this to trial. In this case I hope it was the County.
In any event, as always, it is important to have a good eminent domain attorney, and because we are in the Seattle area, a good Seattle eminent domain attorney. Not only can it make a difference at trial, but they will have the knowledge and experience to know when it is time to go to trial, and sometimes, more importantly, when it is time to settle and take as much as you can get over the offer.
Friday, March 27, 2009
Seattle Eminent Domain Lawyer | Mercer Mess
There is an interesting eminent domain battle going on right now in Seattle, Washington, that I thought I'd take a couple of minutes to let you know about. It concerns the "Mercer Mess," a stretch of road in Seattle at the intersection of Mercer Street and Terry Avenue North. You can kind of see it in the picture below, but throughout the day there is a terrible amount of congestion that occurs on this stretch of road (even if you are walking). Up to this point, several solutions have been proposed, none of which it sounds actually will solve the problem in the end.
It turns out, however, that whatever solution is determined, the building at the corner of Mercer and Terry Ave N will need to be acquired. And the building's owner does not want to go quietly. To combat the city he hired a Seattle eminent domain lawyer to help fight the taking. And once they did a little digging they found out an interesting thing - the funding for the project is set up so that it is both privately and publicly funding, raising a suspicion as to whether or not the particular modification chosen is truly for a public use, or is in reality a plan to get rid of an existing business for the private financial gain of another (developers, from what I understand, would love to get in there and add some new shiny buildings).
If you didn't know, eminent domain is the process by which the government can take private property for public purposes. Eminent domain happens all the time, primarily for roads, power lines, and other public infrastructure. And don't worry, the government has to pay you for what they take (often a point of contention, hence the need for Seattle eminent domain lawyers). Over time, the United States Supreme Court has expanded the definition of public purpose to include almost anything. So the states have restricted what can be taken by eminent domain. And the rules in Washington, and in Seattle, are pretty strict.
So, the business owner challenged the taking as a private one and lost at the trial court. But a funny thing happened when they petitioned the Supreme Court, again on the issue of whether or not a project can be public if it is funded in part by private capital, they decided to hear the case. It seems the Washington State Supreme Court is interested in eminent domain once again. And good for them. It is important that city and state governments be questioned about the actions they take and the motives behind those actions. Whether or not this is a taking for a private activity or not, it's some interesting Seattle eminent domain news, and is certainly worth talking about.
Update: actually I don't have any news on the Mercer Mess, but wanted to let you know there is at least one good Seattle DUI attorney in town. You can find him by following the link.
It turns out, however, that whatever solution is determined, the building at the corner of Mercer and Terry Ave N will need to be acquired. And the building's owner does not want to go quietly. To combat the city he hired a Seattle eminent domain lawyer to help fight the taking. And once they did a little digging they found out an interesting thing - the funding for the project is set up so that it is both privately and publicly funding, raising a suspicion as to whether or not the particular modification chosen is truly for a public use, or is in reality a plan to get rid of an existing business for the private financial gain of another (developers, from what I understand, would love to get in there and add some new shiny buildings).
If you didn't know, eminent domain is the process by which the government can take private property for public purposes. Eminent domain happens all the time, primarily for roads, power lines, and other public infrastructure. And don't worry, the government has to pay you for what they take (often a point of contention, hence the need for Seattle eminent domain lawyers). Over time, the United States Supreme Court has expanded the definition of public purpose to include almost anything. So the states have restricted what can be taken by eminent domain. And the rules in Washington, and in Seattle, are pretty strict.
So, the business owner challenged the taking as a private one and lost at the trial court. But a funny thing happened when they petitioned the Supreme Court, again on the issue of whether or not a project can be public if it is funded in part by private capital, they decided to hear the case. It seems the Washington State Supreme Court is interested in eminent domain once again. And good for them. It is important that city and state governments be questioned about the actions they take and the motives behind those actions. Whether or not this is a taking for a private activity or not, it's some interesting Seattle eminent domain news, and is certainly worth talking about.
Update: actually I don't have any news on the Mercer Mess, but wanted to let you know there is at least one good Seattle DUI attorney in town. You can find him by following the link.
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