I am losing a portion of my business’s parking lot. Should the government pay me more than just the price of the land under the parking area being taken?
This is a common question we receive. Generally, the answer is yes. For most properties, the existence of parking is important for the use of the property as it was intended and as required by zoning. When parking is lost due to eminent domain, the remaining property may no longer function the way it did before the taking. We have seen landowners lose all parking for their commercial properties leaving their customers with no place to park and the business suffers greatly. This is an example of damages to the remainder that the government frequently chooses to ignore or undervalues in their taking analysis. Do no assume that the parking spaces in utility easements will always be available for parking.