What are the legal requirements for filing an eminent domain action?

Eminent domain is a power given to the State of Washington which allows it to take private property for public use, such as roads and schools. If a property owner objects to the government’s action, they can file an eminent domain action. In order to do so, a Washington resident must meet certain legal requirements. First, one must present a petition to the superior court. This petition must provide sufficient facts to show the court’s jurisdiction and the necessity of the eminent domain action. The petition should also include the proposed purpose for taking the private property and a description of the property in question. Second, the property owner must provide evidence of the property’s value from an appraiser. This is used to calculate the amount of compensation the owner is entitled to receive. The owner can also file a “declaration of taking” in court which claims the ownership of the property by the State. Third, the property owner must also file a motion for a “trial for damages.” This is used to determine the amount of compensation the owner will receive for the property taken. After the trial, a judge will make a final ruling on the amount of compensation the government must pay. Finally, the property owner must file a “motion for order of taking.” This orders the government to take possession of the property and to deposit the compensation amount into the court registry. After this is done, the eminent domain action is officially complete and the property is considered State property.

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What are the legal requirements for filing an eminent domain action?

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