Seattle Eminent Domain Lawyers

Eminent domain is the inherent power of the government to acquire a citizen's private property or rights in property. This power is also referred to as "condemnation." Although condemnation actions frequently concentrate on damages to property, technically, condemnation is the legal process whereby a public body (and certain private entities) is authorized by statute or ordinance to acquire private property for a use that has been declared to be public by constitution, statute, or ordinance. The "condemnor" is the public or private entity having the legal power of eminent domain. The "condemnee" is the owner of the private property sought to be taken.

When the government condemns private property it is unquestionably "taking" property, and there is no dispute that the government has an obligation to pay "just compensation" under the Fifth Amendment to the United States Constitution. Just compensation is the "fair market value" of the property and any substantial damages. The fair market value is the current value of land and improvements, based on what price the property would bring if the owner did not have to sell and the buyer did not have to buy.

Eminent domain or condemnation begins when the condemnor makes the determination that the taking of private property is necessary to meet a public purpose. The finding that the acquisition is necessary to serve a public purpose should be clearly stated in a condemnation resolution, and the proposed public use of the property must be specified. However, condemnation can occur not only when an entity makes the determination that a taking of property is necessary and serves a public purpose; it also occurs when an entity interferes with your use of your property. An example would be when the enlarging of an airport causes a noise impact to your property.

Eminent domain can fall under several different areas, including environmental laws; zoning laws; the construction of airports, roads and highways; telecommunications, public and private utilities; etc. With the current rate of growth in our area of the country, environmental and zoning issues are a very hot topic among lawyers that handle eminent domain cases. It is essential that you have an experienced land use attorney to help you navigate through the complex processes associated with eminent domain and condemnation. Our attorneys are well-versed in all aspects of this area of law and we strive to obtain the maximum reimbursement expenses for our clients in all cases.

The attorneys at Terrell Marshall & Daudt PLLC are experienced in every aspect of eminent domain proceedings, including settlement negotiations and trials. If a governmental entity chooses to take private property in the public interest, this can have an enormous impact on a property owner's financial interests. Thus, it is essential that you have an experienced eminent domain attorney to ensure that your rights are protected.

The power of eminent domain occurs not only in the common scenario where the state wants you to relocate so that they can build a highway through your property: a "taking" can occur by simply enacting a statute or ordinance that interferes with the use of your property. Our Seattle eminent domain lawyers protect clients from the unlawful taking of their property by working to ensure that a landowner's rights are fully protected and that the landowner receives just compensation. If a settlement is not reached and your case does proceed to trial, it is crucial that you have attorneys with extensive trial and appellate experience, such as that offered by the seasoned litigators in our firm.

When we at Terrell Marshall & Daudt PLLC represent a landowner whose real property is being acquired by a governmental or other public entity, we pride ourselves on being knowledgeable and up-to-date on current condemnation and eminent domain laws and issues. Such representation might include determining the financial impact of the condemnation on the landowner's property, advising the landowner concerning what is recoverable, and determining the proper strategy. We offer exceptional legal services and provide individualized attention to our clients, whether you are a landowner or a business owner, and we will be with you throughout the entire condemnation process. No property or case is too large or too small for us. We proceed with innovation and work aggressively to protect our clients' interests.