[WSBARP] PSE Easement

[Koons, Warren]

The measure of fair market value for the taking is the difference between the FMV of the property before the taking and the FMV after the taking.  I think your client has a strong negotiating position.
~Warren
Warren Koons | Davis Wright Tremaine LLP
929 108th Avenue NE, Suite 1500 | Bellevue, WA 98004
Tel: (425) 646-6117 | Cell: (425) 985-9196
Email: warrenkoons at dwt.com<mailto:warrenkoons at dwt.com> | Website: www.dwt.com<http://www.dwt.com/>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Tuesday, March 30, 2021 10:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] PSE Easement

[EXTERNAL]
________________________________
All,

Client was contacted by PSE and asked to grant a utility easement over a 15' x 10' portion of her property to erect a new power pole and anchor for it. PSE offered $500 for compensation.

I know these easements are common and client is not opposed to granting the easement, but she has apple trees and other well-kept vegetation on/around that portion of her property. She's hesitant to just agree to their terms and wondering if she should counter on the compensation amount. It's also built into the easement that PSE would compensate her for the "actual market value of merchantable timber" if they have to cut, trim or remove trees.

Has anyone seen someone negotiate successfully with PSE or other utilities in these types of situations? What's a reasonable price to ask for a perpetual easement?

Thanks for any thoughts,

Timothy C. Lehr
Attorney at Law

[cid:image001.jpg at 01D72554.73686120]

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com/>

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