Cent. Puget Sound Reg’l Transit Auth. v. Airport Inv. Co.

Central Puget Sound Regional Transit Authority (Sound Transit) condemned property owned by Airport Investment Company (AIC) in order to secure easements to construct and operate an elevated light rail. The parties could not agree on the amount of just compensation for the taking, so the matter proceeded to trial. AIC argued it was statutorily entitled to attorney fees because Sound Transit failed to make a valid settlement offer 30 days before trial. Specifically, AIC argued that the 30-day offer Sound Transit made did not reflect the reduced temporary construction easement it ultimately obtained, making the offer ineffective or resulting in a total abandonment of the condemnation. AIC also sought a new trial, alleging the trial court erroneously allowed Sound Transit's counsel to question AIC's president about the taking valuation of an appraisal expert who did not testify. The Supreme Court, after review, affirmed the Court of Appeals: a condemnee is entitled to attorney fees under RCW 8.25.070(l)(a) only "[i]f[the] condemnor fails to make any written offer in settlement" at least 30 days before trial. Sound Transit made a timely settlement offer, which was not rendered ineffective by subsequent revisions to reduce the impact of its temporary construction easement. The Court was not persuaded by AIC's evidentiary objection, finding the trial court properly admitted the president's testimony under ER 80l(d)(2) as an admission of a party opponent. View "Cent. Puget Sound Reg'l Transit Auth. v. Airport Inv. Co." on Justia Law