[WSBARP] Eminent Domain - Hold Harmless and Indemnification

[Samuel Meyler]

Snohomish County is purchasing a property owner's land under threat of eminent domain.  Soil on the property is contaminated, and the remediation cost is being factored into the purchase price.

Reps for Sno Co are either unwilling or unable to execute a hold harmless and indemnification agreement.  Their counter proposal is to include one sentence on the Real Property Voucher acknowledging the presence of contaminated soils and the county's acceptance of the property in its as-is condition.  This is surprising to me because I have had other municipalities and WSDOT agree to include hold harmless and indemnification language in connection with other eminent domain deals.

Has anyone encountered this or something similar, or been successful in getting Snohomish County to agree to a hold harmless?  If so, I would appreciate info for the contact that you worked with and any pointers you can share regarding the situation.  Thanks.

Sam

Samuel M. Meyler
Attorney at Law

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Reed Longyear Corwin Burnett & Calogero, PLLC
801 Second Ave, Suite 1415
Seattle, WA 98104
Office:   (206) 624-6271
Direct:   (206) 408-5079
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smeyler at reedlongyearlaw.com<mailto:smeyler at reedlongyearlaw.com>
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