They are required to offer you fair market value for the land and any improvements and relocation assistance if needed. They will not offer you for sentimental value that you may place on it. As for taking trees, they can either negotiated to replace trees or pay you direct. You can try to value a tree at the rate of $300 per inch of diameter, measured at breast height. That is the value that the Washington State Department of Transportation uses.
Also check with the local agency (city or county) and get a copy of their Right of Way procedures. These need to be up to date and adopted by ordinance prior to any “take” action.
Also be aware that your mortgage holder may be entitled to the proceeds of the “sale” and will have to sign off on the agreement. Typically they allow you to keep the money but I have had encounter one lender who was upset that they didn’t take it.
Make sure every thing is stated as negotiated in the agreement before signing it.
If you need some minor improvement to your site, try to cut deals with the agency to do this. Also, if your site is big enough you are fee to negotiate with the contractor to use your property for a staging area. Let you local agency know that you would be interested in that. Contractors always want to be able to stage as close to the project to reduce their cost. Just don’t be so greedy that they choose your neighbor instead of you.
Many local agency engineers will try to make you deals for extras (bigger driveway, better fences, extra gravel) to sweeten the pot to avoid extra costs for lawyers and court proceedings. But if it goes to court, than all of that will go away.
When all else fails, go to the city council or County Board and complain that you’re being treated unfairly. It could get you a few more dollars as well.
Here is the link:
https://www.fhwa.dot.gov/federal-aidessentials/catmod.cfm?id=19
I wouldn’t involve a lawyer unless it goes to eminent domain.
Ignore my comments on city or county since you are dealing with the State. But they should be well versed in federal right of way acquisition procedure. Also since there is a high likely hood that here are federal dollars involved, you can take this to federal court should the need arise.
This happened to me on a project where the contractor made a claim that I denied, and he sued in state court. It went all the way to the State Supreme Court and they lost each time, but since it had federal money in it they appealed to a federal judge who ended up ruling in their favor.
Thanks so much for your feedback and I will assimilate all of it in my actions on this. I find it baffling that the mortgage holder could take part of any settlement - though I don’t doubt they would try. It is somewhat akin someone winning personal injuries damages in a car accident and the car insurance company wanting a cut. I get that the value of the property may be reduced vis-a-vis their interest in it and the value to mortgage ratio. But then I would add any changes to my mortgage terms based on the new value as added compensation for my claim from the state. Wow, you brought up a great point I had not even thought of. Thank you. I will make sure I mention that to whatever attorney I use.