Why Can the Government Take Your Land?

I'm sure this day started out like any other. You woke up, made breakfast, maybe went to work. Your job is in Washington State, maybe in Seattle, Bellevue, Yakima, Spokane, Tri-Cities, or some other city or town throughout the state. Your house is your life. It sits close to the highway, making everything accessible with little to no time wasted. And then you get the mail. In it you see a letter from the Washington Department of Transportation, your city government, or even a city utility. They let you know, sometimes politely, sometimes not, that they need some or all of your property for a project of yours and they are going to be taking it within a short amount of time. They'll be paying your for it, but the offer you get will probably surprise you by it's size (and not in a good way).

So, how did we get here? How did we Americans reach a point where the government can take your property (often referred to as eminent domain or condemnation)? And why can they do it without you, the property owner, having any say? Believe it or not, what the government does is about as good as it gets throughout the world. And that is exactly how the founders of the United States intended it to be.

Eminent domain power is created in the United States Constitution, the fifth amendment, specifically. It essentially gives the government power to take private property for public purposes so long as the landowner is paid just compensation for the taking of the property. Just compensation is usually described as the fair market value of the property - in other words, if you were selling your house willingly and a buyer were buying it willingly, what would the two sides agree on for a price.

If your property is being taken by eminent domain in Washington State, don't try to negotiate with the government by yourself. Hire a Washington eminent domain lawyer today. Not only do they understand the valuation process, they can evaluate the state's offer, see hidden value in your property, and communicate and negotiate with the government to get you the highest price possible. Your Washington eminent domain attorney will know when you've maximized the value in your property, often earning you thousands and thousands of dollars over the state's initial offer.

Chris is a Washington eminent domain attorney interested in making sure landowners receive the money they deserve for your property.

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