[WSBARP] Condemnation Question

[Ronald L. Coleman]

Lessee client has commercial lease and has been notified that Sound Transit is by condemnation taking the lessor's property  of  which the lessee's parcel is a small part. Sound Transit indicates it will  proceed with condemnation but will lease back for the same period of time the parcel is currently leased by lessor, but will not honor the lease and will insist on a new lease.  Balance of current lease term will likely not conflict with Sound Transit's plan. Because the duration does not appear to be a major issue (lessee was planning to move, but new location not likely available until end of current lease), the issue is the rental rate as current lease is "old" and has a reasonable rental rate for today's market.

Will Sound Transit take subject to the lease, or if new lease, pay lessee the amount of increase, if there is to be an increase in the rent? (moving expenses not an issue)

Appreciate any comment and suggestion as to how best to proceed.

Ronald L. Coleman
Direct 253-238-5129 - rcoleman at dpearson.com
Davies Pearson, P.C.
ATTORNEYS AT LAW
920 Fawcett Avenue / PO Box 1657, Tacoma, WA 98401
253-620-1500 | Fax 253-238-5158 | www.dpearson.com<http://www.dpearson.com>
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