Condemnation Eminent Domain & Right of Way
Tacoma Lakewood Olympia
When local, state, or federal governments seize private property it is called condemnation. The goverment's power to do this is known as eminent domain. This means that the government can take private property for public use. If your property is being threatened with condemnation and eminent domain, you should contact an attorney first and a commercial real estate appraiser like GPA Valuation second. Both will fight for you. Appeals may be made and "just" compensation will be determined. Your attorney will explain your rights, which differ slightly in each juridiction. Your commercial real estate appraisal will determine the value of your property.
"The victims of eminent domain are most often the elderly, the poor and minorities. This is often because they lack the money and political clout to stop the process." - 19 Eminent Doman Statistics
"Taking away private property for public use should not be done lightly. Owners must receive just compensation. Procedures must be fair, and property owners must be given an adequate opportunity to be heard. Eminent domain should be used only for truly public purposes. These rights are already recognized in the law, but there is no harm in firming them up." - New York Times Article "Responsible Use of Eminent Domain"
Another example of eminent domain affects usage but does not seize property. This is called right-of-way. "A utility company may obtain an easement over private land to install and to maintain power lines. Cell tower construction can also be considered a right of way condemnation. The property owner remains free to use the property for any purpose that does not interfere with the right of way or easement.
"Demand for wireless infrastructure in the right of way has been a large challenge for state departments of transportation as they try to balance highway safety, operations, maintenance and aesthetics. Requests for accommodation are scrutinized carefully. The FHWA (Federal Highway Administration) asks state DOTs and local public agencies to protect the right of way (especially new above-ground installations) . . ." - 10 Things You May Not Have Known About Right-of-way
Part of the problem of eminent domain is that some governments (local as well as state and national) see the public good differently. There are definitely blurred lines, hence the need for an attorney and a commercial real estate appraiser.
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