Real Estate
condemnation
Our condemnation attorneys assist local governments, property owners, and lenders with matters related to the acquisition of private property for public projects. We recognize the different needs of private sector clients versus municipal or public agency clients, and we have extensive experience representing both.
Experienced in all phases of the condemnation process, including trials, we offer broad subject matter and legal experience to represent our clients’ position, negotiate solutions, and solve controversies.
Services Include
- Providing early analysis of potential condemnation cases, and advising the public or private client at the outset about litigation consequences and settlement options.
- Promoting mutually acceptable solutions and settlement where possible through alternative dispute resolution, such as direct attorney-to-attorney negotiation or the use of an outside mediator.
- If trial is inevitable, developing a case plan tailored to the facts and risks of the condemnation litigation, including an overall litigation strategy, a pretrial plan, and a road map for achieving the right result at trial.
Recent Representative Matters
- We represented a condemnor regarding a transit tunnel under Beacon Hill. Thirty-seven property owners contended that their home values were dramatically impacted by the tunnel, even though the physical impacts were expected to be negligible. The jury returned a “petitioner's verdict” (a verdict at the condemnor's appraised value).
- We represented a property owner who had several acres of prime residential subdivision land condemned by a local government. The verdict exceeded the local government's best offer by 40%.
- Our team represented a condemnor regarding several acres of industrial land. The spread between the parties was well over $1.5 million, but the jury came in with a "petitioner’s verdict.”
- We represented a property owner who owned an historic manufacturing facility in Tacoma recently converted to office space. The State condemned the property and offered significantly less than our highest and best use fair market value. The jury award exceeded the State's official offer by more than 10%.
- Our team represented a condemning authority in two valuation trials of a strip take. The issues at trial involved whether the loss of historical parking along the commercial building's frontage was due to the loss of the use of the right of way, or due to the take itself. At both trials the Court concluded that the loss of parking was due to the loss of the right of way and, therefore, was not a compensable loss. The swing in value between the opposing views was about $500,000.
- We represented a major forest products manufacturer who held a leasehold interest in property along the Blair Waterway at the Port of Tacoma. The highest offer before trial was $5 million. Our client recovered $12 million.
