How does the valuation process work?

At the heart of all eminent domain cases is the valuation process. This process is used to determine the fair market value of a property subject to the taking. In Washington, the valuation process starts when the property owner is served with a Notice of Taking. This notice informs the owner of the proposed taking, the proposed purchase price for the property, and the right to receive a jury trial to determine the fair market value of the property if a trial is requested by either party. As the next step, if the property owner agrees with the purchase price, the parties may enter into an agreement or stipulated contract. The agreement will detail the terms of the sale, including the purchase price and any other conditions. If an agreement is not reached, the dispute will go to a trial to determine the value of the property. At trial, each side will present evidence supporting their position. The court or jury will then consider the evidence, along with expert testimony and other factors, to come to a conclusion regarding the fair market value of the property. After the court or jury renders its decision, the property owner may proceed with the sale of the property at the agreed upon purchase price, or a different price depending on the decision of the court or jury.

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How does the valuation process work?

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