What rights do I have when my land is taken by eminent domain?

When your land is taken by eminent domain (also known as condemnation), you are entitled to certain rights. In Washington, these rights are protected by the state’s Eminent Domain Procedures Act (EDPA). First and foremost, you are entitled to fair compensation for your land. The EDPA sets out procedures that the government must follow when appraising your property to determine the fair market value of your land. You have the right to an attorney during the appraisal process and can dispute the fair market value of your property if you feel it is too low. You also have the right to receive just compensation for any damage done to the remainder of your property or for any business income you lost due to the taking of the land. Additionally, the EDPA requires that the government pay all costs associated with relocation (if you needed to move off your property). Lastly, the EDPA states that if you do not agree to the offer of compensation, you may file an action in court and request a jury trial. At trial, a jury will determine the fair market value of your land and if the government’s offer was fair. In summary, when your land is taken by eminent domain, you are entitled to fair compensation for the value of the land, compensation for lost business income, payment of relocation costs, and potentially a jury trial if you disagree with the government’s offer.

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What rights do I have when my land is taken by eminent domain?

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