What is a declaration of taking?

A declaration of taking is a legal document used in Washington State to initiate an eminent domain action. This document is issued by the government when it wishes to acquire private property for public use. The declaration of taking is filed with the court to start the eminent domain process. The declaration of taking outlines the purpose and necessity of the taking, a description of the property and the legal authority of the condemning agency or private entity to take the property. It also typically contains a statement of the amount of compensation offered for the property, based on its current fair market value. In Washington State, a declaration of taking must be filed with the county superior court prior to the actual taking of the property. Along with the declaration of taking, the acquiring party must also file an appraisal report and an offer of compensation. If the property owner disputes the compensation offered, they may file a motion with the court to contest the offer. Once a declaration of taking is filed, the court will issue an order to take possession of the property. The property owner will be given an opportunity to contest the taking in court. The order of taking is the final step in the eminent domain process, and will provide the acquiring party with full legal possession of the property.

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What is a declaration of taking?

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