Eminent Domain: Sound Transit’s Impact on Seattle Property Owners

Seattle traffic has a habit of snarling commutes and revving tempers past the redline. So the fact that link light rail is on its way is welcome news for the general population across Seattle and the Greater Eastside. However, for an unfortunate minority of the population, the Sound Transit Authority’s construction of new light rail stations has increased the frequency of eminent domain cases in Seattle-area neighborhoods.

 Eminent domain is the right of government entities to seize private property for public use, with fair compensation. It’s a powerful tool offered to federal, state and local governments, including government agents like Sound Transit. Eminent domain is a worry for current residents and business owners in West Seattle, Northgate, the International District and Lynwood, where the path of future light rail projects are at various stages of planning and development.

 The real estate attorneys at Holmquist + Gardiner are experienced at handling a wide range of property disputes, especially eminent domain litigation across the Seattle region. We engage trusted appraisers and valued experts to help our clients negotiate the proper value of their property to acquire just resolution. Our attorneys have represented property owners impacted by Sound Transit eminent domain action and achieved successful results for our clients.

One of the key stipulations of eminent domain is the “public use and necessity” of the private land in question. The standard for eminent domain involves public projects such as roads, courthouses or public transit. Assuming that this requirement is met, there isn’t much argument for the impacted property owner.

It’s extremely rare for eminent domain action to be struck down because of the government entity’s failure to meet the legal standards. That’s why eminent domain cases are generally just compensation cases. In other words, the government entity has a legal obligation to offer fair market value in exchange for the property.  

According to the Property Acquisition and Residential Relocation Handbook published by Sound Transit, “The value of the real property is determined by comparing similar properties in the local real estate market that have recently sold. The appraisal will also consider the costs and depreciation of any improvements to be acquired. When applicable, the property’s income potential will be analyzed.” The handbook is an important resource for property owners who seek additional information about Sound Transit’s responsibilities.

A fair value offer for private property is not automatic, and an appraiser’s opinion is not an exact science. That’s why it’s so important for the impacted property owner to have expert voices working on their behalf. It’s the property owner’s best strategy in a difficult situation.

Experienced Legal Representation is Critical in Eminent Domain Cases

An emotional argument isn’t going to hold weight in eminent domain cases. While losing a home or personal business to eminent domain is a stressful situation, it’s important to focus personal efforts on acquiring the greatest value possible for the property.

Once the property owner has refused the government entity’s final offer, the condemnation case will go to trial. Since the legal argument is over just compensation, eminent domain cases typically come down to a battle of expert appraisals. It’s important that the property owner have trusted experts on their side who can craft and execute a strong argument based on facts.

If at trial, the property owner can prove that the property value is greater than 10 percent of the government entity’s offer, then the homeowner receives the difference and attorney fees are covered. That’s why it’s so vital to work with legal representation with a proven track record working with the specific government entity involved in the eminent domain dispute.

What Happens if Your Property is Under Consideration for Eminent Domain?

The first step of the condemnation process is a letter delivered to the homeowner stating that their property is slated for eminent domain. At this stage, everything is a negotiation. The government entity may provide an initial offer, which can be accepted or denied. At this stage, it’s worthwhile to consider legal expertise.

If your property is selected for eminent domain expropriation, don’t automatically expect the government entity’s final offer to be full and fair value. It’s important to remember that eminent domain involves a legal process, and that taking this issue to court doesn’t constitute a failure. Instead, stepping before a judge is a way to help ensure that the property owner receives fair value, no matter the circumstances.

The real-estate attorneys at Holmquist + Gardiner have extensive experience providing litigation support and eminent domain advice to property owners impacted by Sound Transit’s light rail expansion. If eminent domain action is impacting your home or business, contact an attorney today.