Olympia Eminent Domain Lawyer
Your property rights are not as absolute as you may think. The government also has an interest in ensuring that property is used for the maximum possible amount of public benefits. Accordingly, they have the power of eminent domain, which allows them to seize property for public use, so long as they pay the owner fair market value for the property. The government’s power is broader than you think, although you have legal rights in the situation. There is a chance that you can stop the taking through the courts. More commonly, you may be able to force the government to pay you more compensation because they have undervalued your property.
You cannot and should not deal with the government on your own in an eminent domain case. The government may try to run roughshod over your legal rights. You need an experienced eminent domain attorney to help stand up for your legal rights. An eminent domain lawyer at Dickson Frohlich Phillips Burgess can negotiate with the government on your behalf, or they can represent you in court in a lawsuit. We have experience representing property owners in all types of disputes, and we are not afraid to take on powerful entities on behalf of our clients.
Can the Government Take My Property in Olympia?
Yes, the government in Olympia, Washington, has the power of eminent domain, allowing the state to take private property for public use, such as building roads, schools, or public facilities. The government has a pretty broad right, and courts often give some deference to a government decision to take your property. However, this power is regulated by state and local laws designed to protect property owners. Before taking your property, the government must provide just compensation, usually the fair market value. They typically start by making an offer to buy your property voluntarily. If you refuse, they may initiate a condemnation lawsuit to acquire the property through the courts.
Washington State law requires the government to follow specific procedures, and you have the right to challenge the taking or negotiate the compensation amount. Certain protections may apply depending on your property type or its designated use.
If you face eminent domain in Olympia, consulting with an experienced local attorney is critical. They can help you understand your rights, and fight any unlawful or improper taking of your property.
How the Eminent Domain Process Works in Olympia
The eminent domain process in Olympia, Washington, is the legal mechanism through which the government or a public agency can take private property for public use, provided that just compensation is paid to the property owner. This process typically begins with a project proposal, such as a road expansion or public utility installation, that requires private land.
The process formally starts when the government identifies the necessary property and contacts the owner. Negotiations for voluntary sale often come first. If the property owner agrees, the sale proceeds without further legal action. However, if the owner does not wish to sell, the government may proceed with a condemnation action in court.
The condemning authority must demonstrate that the taking is for a valid public use—a requirement under both Washington State and U.S. Constitutions. Public use can include things like highways, schools, or utility projects. The government has a relatively broad right to determine public use, although it is not unlimited. Even if the court is willing to defer to the government’s interpretation of public use in many circumstances, it can draw a line. Once this is established, the court then determines whether the property owner is being offered just compensation, typically based on the fair market value of the property.
After a court order of public use and necessity is issued, the government can deposit the estimated compensation and take possession of the land, even as disputes over value continue in court. Property owners have the right to challenge both the necessity of the taking and the amount of compensation, and it is often wise to seek legal counsel to ensure their rights are fully protected.
Navigating Olympia’s eminent domain process can be complex and time-sensitive. With professional guidance, property owners can push back against unfair offers or even challenge the legality of the taking itself. An experienced eminent domain lawyer at Dickson Frohlich Phillips Burgess can help ensure that property owners receive full and fair compensation or explore alternatives to prevent the taking altogether.
What Is Just Compensation in an Eminent Domain Case?
In an eminent domain case, just compensation refers to the fair monetary value that a government agency must pay a property owner when it takes private property for public use. This right is protected by the Fifth Amendment of the U.S. Constitution and Article I, Section 16 of the Washington State Constitution. The idea is to ensure that property owners are not financially harmed by the loss of their property.
Just compensation typically equals the fair market value of the property at the time of the taking. Fair market value is the price a willing buyer would pay to a willing seller in an open market, considering the property’s current condition, zoning, location, and potential uses. However, calculating this value can be more complex than it sounds, especially if the property has development potential or unique features.
In some cases, just compensation also includes damages for partial takings. If the government only takes a portion of a property—such as a strip of land for a sidewalk or road widening—the property owner may be entitled to compensation not only for the portion taken but also for any decrease in value to the remaining property.
Other potential components of just compensation include relocation expenses, loss of business income (in limited cases), or costs associated with moving or replacing equipment.
Because government agencies may offer less than what a property is truly worth, property owners should never assume the first offer is fair. A qualified eminent domain attorney can help assess whether the offer reflects true market value and advocate for additional compensation where appropriate. In many cases, independent appraisals and expert testimony are essential tools for achieving a fair outcome.
How Is Fair Market Value Determined in an Eminent Domain Case?
Fair market value in an eminent domain case is the amount a willing buyer would pay to a willing seller for a property on the open market, with both parties acting knowledgeably and without pressure. This value is assessed as of the date of the taking and forms the basis of just compensation owed to the property owner.
To determine fair market value, appraisers consider several key factors. These include
- The property’s location
- Size
- Current use
- Zoning,
- Access to utilities and roads, and
- Comparable property sales in the area.
- If the property has development potential or generates income—such as rental or commercial property—its highest and best use may also factor into the valuation.
In Washington eminent domain cases, both the government and the property owner may hire independent appraisers. These professionals produce reports that serve as evidence in negotiations or court. If the parties disagree on the value, a judge or jury will evaluate the appraisals and other expert testimony to reach a final determination. If you file a lawsuit, the government does not have the power to set the amount of compensation you will receive.
You have the ability to negotiate value with the government in an eminent domain case, and that is exactly what you should do under the circumstances. Do not accept the government’s first offer because they almost certainly have more room to raise it. If you either do not know the full value of your property or you trust the government to do the right thing, you may end up receiving a fraction of the true value of your property in compensation.
Litigating over fair market value is where property owners often have the greatest success in an eminent domain case. Even if you cannot stop the taking itself, you can force the government to pay you the money that you deserve for your property. The court may give the government more deference when it comes to their determination of the public use, but they will more closely scrutinize their actions with regard to paying just compensation.
Because government appraisals may undervalue property, working with a skilled eminent domain attorney and experienced appraiser ensures the property owner receives full and fair compensation.
How an Olympia Eminent Domain Lawyer Can Help You
Facing the loss of your property through eminent domain can be overwhelming, especially when government agencies are pressuring you to accept a quick settlement. An experienced Olympia eminent domain attorney can be a critical advocate, protecting your rights and helping you fight for the full compensation you deserve.
First, an eminent domain lawyer can help you determine whether the government has a legal right to take your property. Not all takings are lawful. The government must show that the property is being taken for a legitimate public use—such as building roads, utilities, or schools. Your attorney can review the case for procedural errors or questionable justifications and, if necessary, challenge the taking in court.
Second, your lawyer plays a vital role in ensuring you receive just compensation. The government’s initial offer is often based on its own appraisal, which may undervalue your property. A skilled attorney will coordinate with independent appraisers and other experts to accurately assess your property’s fair market value, including potential losses from partial takings or impacts to the remaining property.
Additionally, an Olympia eminent domain lawyer can handle difficult negotiations, handle court filings, and protect you from making costly mistakes. If your case goes to trial, your attorney will present strong evidence and expert testimony to argue for a higher award.
Olympia eminent domain attorneys are familiar with local procedures, court systems, and Washington-specific property laws. They also understand the tactics that condemning authorities use and how to push back effectively. Whether you are facing the loss of a home, business, or undeveloped land, your lawyer can ensure that your voice is heard and your interests are protected.
What to Do if You Are Facing Eminent Domain in Olympia
If you are facing eminent domain in Olympia, it’s important to understand your rights and take proactive steps to protect your property and interests. Eminent domain allows government entities or authorized private companies to take private property for public use, but they must provide “just compensation” to the owner. If you receive a notice of eminent domain or a condemnation offer, don’t ignore it.
First, carefully review the offer and documentation to understand the scope of the taking and the proposed compensation. It is common for initial offers to undervalue the property, so getting a professional appraisal can help you assess its true worth. Next, consult with an experienced eminent domain lawyer in Olympia. They can guide you through the legal process, negotiate with the condemning authority, and ensure your rights are protected.
At Dickson Frohlich Phillips Burgess, our lawyers can also help challenge the taking if it is not for a legitimate public purpose or if the process wasn’t followed properly. Additionally, they can assist in negotiating better compensation, including damages for loss of business or relocation costs if applicable. Acting quickly and with legal support is key to protecting your property rights during an eminent domain proceeding in Olympia.
Contact an Olympia Eminent Domain Lawyer Today
If the government is trying to take your property in Olympia, don’t face it alone. An experienced Olympia, WA, eminent domain attorney at Dickson Frohlich Phillips Burgess can protect your rights and fight for the fair compensation you deserve. Handling eminent domain laws and negotiations can be complex, but with skilled legal guidance, you can challenge unfair offers and improper takings. Schedule your consultation today. Let our dedicated team review your case, explain your options, and help you safeguard your property and financial interests. Call now at (360) 742-3500 to schedule your consultation and take the first step toward protecting your rights.
