In Washington State, the government can utilize the power of “eminent domain” to take, even forcibly, private property owned by an individual. Indeed, the property owner cannot refuse to “sell” when the government properly exercises its eminent domain powers.
There are, of course, parameters around the use of eminent domain to ensure that its exercise is, indeed, proper. The government must show: (1) an adequate public purpose relating to the exercise of their eminent domain powers; and (2) that the government acquires no more property than necessary to meet that public purpose. An owner can potentially successfully challenge a taking under eminent domain powers on these grounds.
Nonetheless, most challenges to governmental eminent domain involve the issue of “just compensation.” The Washington State constitution requires that the government exercising its power of eminent domain provide a property owner with just compensation by putting the owner in the same position financially
