Partial Take - Complete Damages
case studies Eminent Domain

Partial Take – Complete Damages

Issue:

Client owned property improved with Wendy’s fast food restaurant. State filed condemnation action to take a portion of the property for the State’s Purple Line Light Rail Project. The taking would cause the loss of parking for the restaurant, impede the drive-thru isle, and eliminate access direct to the property from north bound traffic.

Goal:

Obtain full compensation for impact of partial taking.

Success:

Due to the impact of the taking on the property the tenant terminated its lease. The existing improvement was rendered functionally obsolete, so it would have to be demolished and the property completely redeveloped. The owner preferred for the State to purchase the entire property, rather than leave owner with diminished lot that would have to be redeveloped. Suntum convinced the State to acquire the State to acquire the entire property and compensate the owner for its full value.

DISCLAIMER: THE CASES AND RESULTS DESCRIBED HEREIN ARE REPRESENTATIVE OF PAST RESULTS OBTAINED BY MILLER, MILLER & CANBY, AND ITS ATTORNEYS. PAST CASE RESULTS DO NOT GUARANTEE FUTURE RESULTS. ALL CASES ARE DISTINCT AND HAVE UNIQUE FACTS, CIRCUMSTANCES AND LEGAL QUESTIONS THAT MUST BE CONSIDERED AND EVALUATED ON THEIR OWN MERIT.

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