Are there any defenses against an eminent domain action?

In Washington, there are some possible defenses to an eminent domain action. Firstly, the property owner can challenge the public use determination. Washington’s Constitution defines “public use” narrowly, allowing only uses that are necessary, definite, and reasonable. The owner can challenge the public use determination if they don’t think the proposed use meets these criteria. Another defense is to challenge the compensation offered. The property owner can argue that the amount offered is too low and is not actually fair market value. Generally, the owner may be entitled to be compensated for reasonable relocation expenses in addition to the fair market value of the property taken. Finally, the property owner can sometimes challenge whether the taking itself is reasonable or necessary. Washington courts will look to see if the taking is reasonably related to its stated public purpose. If the taking is overly intrusive or not necessary to achieve the public purpose, the taking may be set aside. In short, there are some defenses available to a property owner when faced with an eminent domain action. The owner may challenge the public use determination, the amount of compensation offered, and the necessity or reasonableness of the taking itself.

Related FAQs

What is a declaration of taking?
How do I file an objection to an eminent domain taking?
How can I challenge the public use of the property taken through eminent domain?
What is a public necessity?
Does eminent domain apply to renewable energy projects?
What is the difference between eminent domain and inverse condemnation?
How are relocation costs determined?
What is a developmental impact fee?
What is condemnation?
What is the difference between a redevelopment project and a development project?

Are there any defenses against an eminent domain action?

Related FAQs

Related Blog Posts