Areas of Practice
The key in nearly every eminent domain case is working with the right appraiser. Evergreen Property Law is fortunate to work with the top appraisers around the state. Pairing with an appraiser early in the process provides insight into the best approaches to resolve an eminent domain matter in a cost-efficient manner.
Eminent Domain
When a government agency desires to take land, it can exercise the power of eminent domain and condemn the land. Sometimes all that is needed is an easement. Sometimes the government needs all of the land rights – something called a “fee” take. Whichever the form, counsel at Evergreen Property Law have experience representing landowners and tenants face condemnations from WSDOT, Sound Transit, the federal government, utility companies, Port districts, and cities across the State of Washington.
It is also important to understand what options landowners have throughout the process, such as whether their business can be relocated and who pays for that. Questions frequently arise over whether a disruption to the business will be compensated by the government. Developers often want to ensure access to their property will remain the same, and what impact government projects may have on the future viability of planned developments. Common among all owners is the question of how long this will take? The answers to these questions vary case by case, so it is important to retain counsel who has actually worked numerous condemnation cases and thoroughly understands the process.
Evergreen Property Law is currently advising clients on several projects throughout the state of Washington, including:
Sound Transit’s extensions to West Seattle, Ballard and Everett.
Sound Transit’s BRT project through Lake Forest Park, Kenmore and Bothell.
The Port of Moses Lake’s railway project.
Grant County PUD’s high voltage QTEP.
City of Everett’s baseball stadium.
WSDOT improvements.
Environmental Law
Washington voters enacted the Model Toxics Control Act (“MTCA”) to couple with, and expand on, the provisions of its federal counterpart, CERCLA.
These statutes enable landowners to recover certain cleanup costs from prior owners, operators and tenants when soil and groundwater are contaminated with hazardous substances, like spills or releases from former drycleaning businesses, auto repair shops and gas stations.
Attorney James Bulthuis has assisted numerous clients navigate their responsibilities under MTCA, including taking several such cases to trial to obtain an equitable allocation.
In addition to representing clients in environmental cleanup cases, Evergreen Property Law also advises and represents businesses and landowners with their NPDES permit obligations under the Clean Water Act.
Real Estate Disputes
Few disputes are as contentious as those between neighbors over claims of adverse possession. What many believe is the property line for their land may not be the case. James has represented numerous landowners litigate and resolve boundary line disputes arising from adverse possession, faulty surveying, or ambiguous land descriptions. Relatedly, these disputes may generate title claims with title insurance companies and previous owners. Evergreen Property Law has experience assisting landowners navigate through these disputes.
Commercial Litigation
James has represented clients from early negotiations through prevailing at trial in matters accusing employees of trade secret misappropriation, breaches of noncompetition and non-solicitation agreements, countless contract disputes, and receiverships.