Practice Areas | Condemnation / Eminent Domain

At Tousley Brain Stephens PLLC, we concentrate our practice on the essentials of condemnation law: Real estate development and litigation.

Many of our principals own and develop commercial property. We understand and apply the concepts of real estate economics and valuation to pro-actively position your project with the condemning agency for maximum value. We are constantly working with the most respected real estate consultants and valuation experts in the country. We add value to the condemnation process based on our extensive knowledge of real estate, land use, and property development laws.

Tousley Brain Stephens PLLC has handled some of the largest condemnation cases in Washington for property owners and condemning agencies from trial through the Supreme Court of Washington. A brief representation of some of our more significant cases includes:

Port of Seattle v. Equitable Capital Group, Inc., et al. - Successfully represented the Port of Seattle through trial and before the Washington State Supreme Court in eminent domain action in which property owners sought $70 million. The jury returned a $12 million verdict favorable to the Port. The case was appealed, affirmed, and is reported at 127 Wn.2d 202, 395 P.2d 275 (1995).

Central Puget Sound Regional Transit Authority v. Kent Central LLC - Negotiated the resolution of a condemnation action on behalf of Benaroya Properties as owners of the "Rainier Brewery" property whereby Benaroya Properties received over twice its purchase price for the condemned property just seven months after purchasing it.

Central Puget Sound Regional Transit Authority v. Tukwila Property, L.L.C., et al. - Representation of commercial lessee of manufacturing plant in partial taking by Sound Transit for severance damages and business losses.

Seattle Monorail Project v. SBTM LLC et al. - Successfully represented developer of downtown hotel and condominium project in condemnation of 1600-square-foot air-rights easement by the Seattle Popular Monorail Authority. The case settled shortly before trial in the mid-seven figure range, approximately ten times greater than the Monorail's initial offer.

Port of Tacoma v. Puget Sound Freight Lines - Successfully negotiated the resolution of a complex taking by the Port of our client's property in a few short months after commencement of the litigation for multiples far in excess of the Port's initial offer.

For more information, contact Kim D. Stephens and Paul W. Moomaw.