When most people hear the words “eminent domain” they usually conjure up images of the government taking away their property. What people don’t think of is the nibble here or the nibble there of road widening projects. As towns become cities and cities grow larger and provide more and more services, residences and businesses on growing high-traffic roads face losing part of their property to multi-lane roads and sidewalks. These partial takings can destroy driveways, limit access, reduce parking space and obstruct internal traffic flow.
Condemnation of property, whether partial or whole, for the public good, is the right of our government.
Eminent domain or compulsory purchase expropriation has its roots in the Magna Carta of England as well as our own U.S Constitution. The Fifth Amendment provides, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Most often we see eminent domain being used for railroads, roads, and public utilities. The government may take the entire property or only a portion of the property, or an interest in it or use of, like an easement.
Here is the authority in Washington State: RCW 14.07.020
” . . . municipalities may also acquire by purchase, condemnation or lease, lands and other property for said purpose and dispose of such lands and other property . . .”
Many people welcome eminent domain because it represents found money. However, as a property owner, your new best friend should be a commercial real estate appraiser. Commercial real estate appraisers, like long established GPA Valuation of University Place can help you establish the property value or the partial property value. Richard E. Pinkley is the President and CEO of GPA Valuation. He began his appraisal career in 1990 with Greer, Patterson and Associates, Inc. and purchased the company in 2002. Pinkley has worked for banks and mortgage lenders. He has been a leader of the local community of appraisers as the Treasurer of the Puget Sound Chapter of the Appraisal Institute and as branch chapter Chairman, serving as a voting member on the board of the Seattle Chapter of the Appraisal Institute.
Blocking eminent domain claims can be difficult, but not impossible if the government is actually overstepping its limits and powers. If you face condemnation through eminent domain, you should contact an eminent domain attorney. You need to know your rights. In Lakewood you might contact Robert A. Wright. In the Seattle-Tacoma area you might contact the law firm of Dickson Frohlich.
Another local attorney for eminent domain is Kinnon W. Williams who is co-author of the 2010 Washington State Bar Association Real Property Deskbook Chapter on eminent domain – “On behalf of the City of University Place, negotiated acquisition of more than a dozen, separate parcels of real estate with a value of approximately $8 million within a three month period for an economic revitalization project, University Place Town Center. All parcels were acquired without resort to litigation.”
If you are facing eminent domain, you need to know both your rights as well as the value of your property for “just compensation.”
Well written and informative article. Be interesting to know too where in Lakewood we might now or in the future have a Eminent Domain plans, needs or concerns.
Malcolm,
Thank you for reading and commenting.
Perhaps, our buddy and mayor knows!
Thanks for sharing.
Don
Mr. Doman,
I agree with your reader, Malcom’s comment above. Nicely written and informative article regarding a subject that most people have no experience with.
As a guy who started grasping real estate concepts at age 4 on Queen Ann Hill in Seattle back in 1947, I have had serveral experiences with eminent domain.
My reaction to the process was that I was treated fairly, I or my business partner received some unexpected “found money”, the property nip did not hurt me, and lastly I was able to help the communities where the eminent domain occurred and I was happy to do so.
Having said that, your idea for seeking the opinions of eminent domain consultants such as an appraiser and an attorney, are very sound suggestions especially for most citizens who have no expertise in real estate or the eminent domain areena in particular. The exception might be if the consulting fees will exceed any possible found money figure.
Joseph Boyle
Joseph,
Queen Anne Hill? I thought as a kid you were raising moles in Fife.
Thanks for the kind words about the article. Eminent domain is generally good for the community, but property owners still need due diligence. As Rodney Dangerfield used to say, “Look out for #1 . . . and don’t step in #2.”
It’s been a while. How about coffee?
Don
Good article, however I am against the concept of eminent domain, because it basically says government trumps personal property rights. Also, I know people who have been subject to eminent domain and have what they consider to be far from “just” compensation.
Chris,
Thanks for reading and commenting.
The law goes back hundreds of years to England. Even taking a nibble here or there can irritate and be worrisome . . . and you have to question how much is for the public good. A good attorney and a good commercial property appraiser become your new best friends . . . if things become a life or death issue then I would suggest a good life insurance man . . . possibly from the Lakewood area?????
It’s always good to see you reading my articles AND sharing.
Thanks.
Don
Thanks, I enjoy your articles!
Chris,
Three Rotarians commented on this article. Interesting . . .
Thanks for being one of them.
Don
If you want a lesson on eminent domain going horribly wrong look up what happened to Mr. Miller 10 or so years ago.
The out-of-control enterprise known as Sound Transit stole property using unethical means from a Lakewood landowner named Mr. Miller.
It happened to him. It could happen to you.
Greg,
Thanks for reading and commenting.
I know there are numerous horror stories about eminent domain . . . and don’t even get me started on Sound Transit. “For the public good” can start a conversation that would keep Rotary in program speakers for years and years. You have to look at the situation and consider alternatives and decide on a case by case basis. I don’t think a “perfect” alternative has ever come up yet . . . but we should keep looking and thinking . . . and sharing.
Thanks for doing both . . . and writing.
Don