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See some of Saul Fenchel's eminent domain articles covering various subjects in Eminent Domain Condemnation.

Can I get paid for damages to my business?

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Except in rare circumstances, the claimant cannot collect for the loss of business value, or going concern value, or loss of profits. Damages are limited to the value lost in the real estate, fixtures and equipment.1 Leases which speak in terms of the tenant retaining a claim for “business” or “going concern” value have no valuation significance in the process of determining just compensation.

1The legal philosophy underlying this concept is that you cannot recover “business” damages since the condemnor is not “taking” business -- just real estate -- and the government is obligated to pay only for what it takes.

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