In most eminent domain cases, focus is generally upon the landowner of the commercial or residential property that the government is trying to take under the Fifth Amendment of the Constitution of the United States.1 However, eminent domain takings can affect a number of people who are not the actual owner of the property. This is especially true in cases that involve commercial property that houses a business owned by someone other than the landowner. A condemnation of the property can have an extremely adverse effect on such business owners who lease commercial property and they may lose substantial profits because of the loss of their business’s location. This leads many business owners to call an experienced eminent domain attorney to discuss their rights.
Though you will not be compensated for any of the value of leased property itself, some state laws allow business owners to recover for “goodwill,”2 which is an intangible measure of the value of the business and its future prospects. An attorney who is highly familiar with eminent domain laws will be able to tell you whether this is the case in your particular state. Location is often one of the most important aspects of the success of a specific business. If you lose your location through eminent domain, you may have to sacrifice certain customers or amenities that lower costs.
For example, if you currently lease a commercial space for your business in the center of the town square, you may not be able to find a vacancy in a similar location. If the only appropriate location is on the outskirts of town, you may lose foot traffic or customers who are not willing to travel farther to be a patron. You may file a claim for compensation for the loss of this patronage as part of your business goodwill.
An experienced eminent domain attorney can help you
If you are a business owner who is losing your location due to condemnation, you deserve to recover for your lost business goodwill. Call an experienced condemnation lawyer at 888-318-3761 to discuss your rights today.
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