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Add You - Location Drives Concerns About Eminent Domain
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The Government Versus Local Ordinances
Convenience store owners are taking a gamble if they accept the government's initial purchase offer. The government's first o
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The Triggering Effect
When you think of "eminent domain" you probably think of the government taking all of your property. However, most eminent domain cases involving convenience stores are "partial takings," with the government taking only a portion of your property, such as a strip taking or destroying a driveway. In such instances, the government's taking could significantly affect access, parking space availability or internal traffic flow.
Convenience stores profit from being convenient. The ease with which customers can enter, maneuver within and exit your property is crucial to your success. For example, suppose the government takes a small section of your property that limits access to your gasoline pumps. This seemingly small inconvenience results in you losing money—not only gas pump sales but also convenience store sales from gas customers. This is a triggering effect, where a small taking triggers substantial damages to your business.
The Government Versus Local Ordinances
Convenience store owners are taking a gamble if they accept the government's initial purchase offer. The government's first of
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The Triggering Effect
When you think of "eminent domain" you probably think of the government taking all of your property. However, most eminent domain cases involving convenience stores are "partial takings," with the government taking only a portion of your property, such as a strip taking or destroying a driveway. In such instances, the government's taking could significantly affect access, parking space availability or internal traffic flow.
Convenience stores profit from being convenient. The ease with which customers can enter, maneuver within and exit your property is crucial to your success. For example, suppose the government takes a small section of your property that limits access to your gasoline pumps. This seemingly small inconvenience results in you losing money—not only gas pump sales but also convenience store sales from gas customers. This is a triggering effect, where a small taking triggers substantial damages to your business.
The Government Versus Local Ordinances
Convenience store owners are taking a gamble if they accept the government's initial purchase offer. The government's first o
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Convenience stores profit from being convenient. The ease with which customers can enter, maneuver within and exit your property is crucial to your success. For example, suppose the government takes a small section of your property that limits access to your gasoline pumps. This seemingly small inconvenience results in you losing money—not only gas pump sales but also convenience store sales from gas customers. This is a triggering effect, where a small taking triggers substantial damages to your business.
The Government Versus Local Ordinances
Convenience store owners are taking a gamble if they accept the government's initial purchase offer. The government's first o
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The Government Versus Local Ordinances
Convenience store owners are taking a gamble if they accept the government's initial purchase offer. The government's first o
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The Government Versus Local Ordinances
Convenience store owners are taking a gamble if they accept the government's initial purchase offer. The government's first offer is typically low because the government rarely knows how your business operates. Therefore, it is important to have an eminent domain attorney evaluate your case. Eminent domain attorneys work with the owners, appraisers, market researchers, engineers, land planners and certified public accountants to comprehensively assess the damage to a business from the taking. Having experts on your side will also ensure that if there is a taking, proposed modifications to the property comply with local government regulations. This is important because the U.S. Department of Transportation (DOT) cannot dictate or control local government. Often, a taking authority assumes that a city-required setback or landscape buffer can be waived. For example, the DOT may premise its offer on the implementation of a five-foot landscape buffer, when in reality the city requires 10 feet. When the 10-foot buffer is applied, it causes a loss of two additional parking spaces, which substantially increases the damage to your business. If an owner accepts the DOT offer without checking, the DOT will close the case and leave you to resolve the noncompliance issues with the city.
Partial Taking, Significant Effect
States vary on whether they pay expert's and attorney's fees in eminent domain case
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