Retail and Commercial-Use Properties
Retail and commercial-use properties require the access and exposure to traffic afforded by highways, major thoroughfares, and heavily-traveled roadways. These same locational characteristics that make commercial property more valuable also make them more susceptible to takings for roadway widening and expansion.
Roadway improvements are core public infrastructure and likely meet the threshold of public use required before the state or another governmental entity can exercise the power of eminent domain to take the property necessary for its project. But the exercise of that power comes with the responsibility to pay just compensation, not only for the property acquired but for the diminution in value that results to the remaining property.
In takings involving retail or commercial-use properties, we find that the condemnor often fails to appreciate the impacts even a relatively minor taking can have on parking, internal circulation, proximity to the roadway, and compliance with setback, green space, and other requirements that contribute to the overall market value of an asset. Even if a site can continue to function, the property owner is entitled to be compensated for the diminished function of the site.
Charles McFarland is board-certified in civil trial law by the Texas Board of Legal Specialization. He is one of just two lawyers in the state that earned this distinction by trying condemnation cases. He has won more jury verdicts for landowners than any other attorney in the state, including one of the largest jury verdicts ever achieved in a Texas condemnation case.
We believe a good settlement is better than a great verdict. But it is a fact that great verdicts result in better settlements for our landowner clients. While we cherish our opportunities to get into the courtroom and fight for our clients, this isn’t always the best strategy; our laser focus always is on maximizing your net recovery.
Most importantly, we love to talk to property owners. If your property is threatened for condemnation, we can help. Let’s talk.
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