Relocation Benefits and Eminent Domain: How do they Fit Together?
“One issue that eminent domain attorneys face routinely involves helping businesses obtain the relocation benefits to which they are entitled under the law, while at the same time pursuing a claim for lost business goodwill. To us, there is a clear difference between the two, as we are indoctrinated early in our careers into understanding that the two types of relief, while seemingly closely related, are instead largely unrelated in the eyes of the law.
But to a typical business owner facing a forced relocation due to a government acquisition, the issues can appear thorny and complex. And, let’s face it, pretty arbitrary. Stepping back, I can understand why owners feel that way. After all, they are concerned with relocating, preserving their business, and minimizing losses along the way. What does it possibly matter whether the business lost money due to the cost of relocating equipment or due to increased rent at the new location? “
Rayl, Rick. JDSupra Business Advisor 1 August 2014.