Tacoma Eminent Domain Lawyer
It might shock you to know that the government has the right to take private property, so long as it can demonstrate that the taking is for public use and it pays you fair market value for it. (Fair market value is often in dispute between property owners and the government.)
If you’re facing a potential taking, Dickson Frohlich Phillips Burgess can help protect your rights.
Schedule your consultation today.
If the government intends to take your property, you need immediate legal representation from an eminent domain lawyer. The government has attorneys who look after its interests. You need someone who can protect your interests when dealing with a powerful entity.
From negotiating fair compensation for your property to representing your interests in court, a skilled lawyer will be your advocate every step of the way.
With their experience in property law and eminent domain regulations, they can provide valuable insights and strategic guidance to help you achieve the best possible outcome for your case.
The law limits some of the government’s powers, and an eminent domain attorney at Dickson Frohlich Phillips Burgess can stand up for your legal rights.
What Is Eminent Domain?
Eminent domain is the legal power of the government, or certain private entities acting under governmental authority, to take private property for public use, requiring the property owner to receive fair compensation.
The Fifth Amendment of the U.S. Constitution grants this authority, which states that no party can take private property “for public use, without just compensation.”
The public use requirement has a broad interpretation and can include projects such as highways, schools, public utilities, railroads, and other infrastructure developments.
In some cases, eminent domain is also for economic development purposes, such as redeveloping blighted areas. Eminent domain and land use laws are tightly connected and can impact how your case unfolds.
Property owners affected by eminent domain have legal rights, including the right to challenge whether the taking is truly for public use and to dispute the amount of compensation the government offers.
Compensation typically includes the property’s fair market value, but in some cases, the law may award damages depending on the state and the impact on the remaining property.
Eminent domain can involve residential, commercial, agricultural, or industrial properties. Because of the complex process and high stakes, property owners often seek legal counsel to protect their rights and ensure they receive full and fair compensation.
An experienced eminent domain lawyer can evaluate the government’s claim, negotiate for better compensation, or litigate the matter in court if necessary.
Any property owner facing the financially and personally significant threat of land seizure needs a lawyer who understands eminent domain.
The Public Use Requirement in Eminent Domain
The public use requirement is a foundational principle in eminent domain law, ensuring that the government can only take private property if it serves a legitimate public purpose.
Under the Fifth Amendment of the U.S. Constitution, the government must provide “just compensation” when it takes private property for “public use.” Traditionally, this means uses like roads, schools, parks, or public utilities—projects that directly benefit the community.
Over time, courts have interpreted “public use” more broadly to include direct government use and economic development projects intended to serve a public purpose, such as job creation or increased tax revenue.
In Washington State, public use has a stricter interpretation. The government generally cannot condemn property solely for private economic development. Instead, the project must serve a clear public function, such as transportation infrastructure, public housing, or environmental remediation.
Courts in Washington scrutinize eminent domain actions carefully to ensure compliance with public use standards.
Ultimately, the public use requirement acts as a constitutional check, ensuring that the government only exercises eminent domain powers when the public interest outweighs private rights, and not simply for private gain.
Nonetheless, you can and should fight back if you believe that the government is wrongfully trying to take your property. More often, the battle in court is about whether the government is paying you fair market value. An experienced eminent domain lawyer will understand the intricacies of these cases and can navigate the legal process on your behalf.
What Is Fair Market Value in Eminent Domain Cases?
Fair market value refers to the price a willing buyer would pay and a willing seller would accept for the property in an open and competitive market, with both parties acting freely and knowledgeably, and neither under duress.
This value is the date of the taking, typically when the government legally assumes ownership or files condemnation action. Importantly, fair market value does not consider any increase or decrease in property value caused by the project for which the government is taking the property.
Appraisers typically determine fair market value by using one or more accepted valuation methods:
- The Sales Comparison Approach: Analyzing recent sales of similar properties in the area. This is the most common method for residential homes.
- The Income Approach: Calculating value based on the property’s potential to generate income. This is used for commercial and rental properties.
- The Cost Approach: Determining the cost to build a replacement property from scratch, minus depreciation.
Because of the high stakes, the government and property owners typically hire independent appraisers to determine the fair market value. If the parties disagree, the matter may proceed to litigation, where a judge or jury will decide the appropriate compensation based on expert testimony and evidence.
How Do I Obtain Fair Market Value for My Property?
You often need to fight to ensure you receive fair property market value. The government acts to protect its finances at all times, and it will not always offer you fair market value right away.
You can rely on your own land experts to determine the value of your property. You are always free to try to negotiate with the government and reach a settlement if you do not intend to fight the taking itself and you do not want to go to court.
If the government does not agree to pay you what you feel your property is worth, you have the right to file a lawsuit, and a judge will determine the fair market value.
How an Eminent Domain Lawyer Can Help You
An eminent domain lawyer plays a critical role in protecting your rights when the government seeks to take your property for public use. While government agencies are legally required to pay just compensation, their initial offer may not reflect the actual value of your property or account for the full impact of the taking.
Here is how an eminent domain attorney at Dickson Frohlich Phillips Burgess can help you:
- Assessing the legality of the taking
- Learning fair market value
- Negotiating with the government
- Assisting you with ancillary matters
Learn more about how land use attorneys can protect your property interests.
At What Point Should You Contact an Eminent Domain Lawyer
You should contact an eminent domain lawyer the moment you receive any communication from a government entity about acquiring your property. Early legal guidance protects your rights and ensures you receive fair compensation.
Whether you have received a notice of intent, an offer, or formal condemnation papers, involving a lawyer early can significantly impact the outcome of your case.
Contact a Tacoma Eminent Domain Lawyer
If you are dealing with the loss of your property through eminent domain in Tacoma, Dickson Frohlich Phillips Burgess is here to protect your rights and fight for the compensation you deserve.
Schedule your consultation now and speak with a knowledgeable Tacoma eminent domain lawyer.
