How do I know if my property qualifies for eminent domain?
In Washington, the first step to finding out if your property qualifies for eminent domain is to contact the local government’s department of planning or construction. You will need to provide some information about the property, such as its address and a description of the use. The local government will use this information to determine whether the proposed use of the property is a “public use” or a “public purpose.” A “public use” includes any activity that benefits the public, such as building a road or a school. A “public purpose” means an activity that furthers a legitimate government interest, such as protecting the environment or preventing crime. If your property qualifies as a public use or public purpose, the local government may be able to acquire it through eminent domain. The government is required to pay “just compensation” to you for the taking of your property. The amount of “just compensation” is typically equal to the fair market value of the property. If the local government determines that your property does not qualify for eminent domain, you have the right to appeal the decision. Your appeal must be made within 30 days of the date of the government’s decision. It is important that you thoroughly research the laws governing eminent domain before you make any decisions. This will help ensure that your rights are protected and that you receive fair compensation for any potential taking of your property.
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