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.
Thursday, June 25, 2009
PR: 
LD: 
I: 
Rank: 
C: 
Subscribe to:
Posts (Atom)
