Petrogram - Fall 2018 - 11

need to make sure all of these items are
part of your business damage claim to
the condemning authority.
* Be aware of county or city ordinances
as they pertain to landscape buffers,
tank setbacks and signage. Many
counties and cities today have eminent
domain relief ordinances allowing the
gas station/convenience store property
owner to be "grandfathered in" due to
a governmental taking. However, there
are counties and cities in Florida that do
not have an eminent domain relief ordinance and would therefore require you
to comply with setback requirements for
landscape buffers, tank setbacks, signage,
etc., from the new right-of-way line. If the
governmental taking impacts or intrudes
on these setbacks, they must be taken
into consideration in presenting your
compensation claim as a property owner.
Experts, such as engineers and land planners, assist the attorney in determining what
to do when there is no local eminent domain
relief ordinance. In some cases, it is possible to cure or remedy any setback issues
through the implementation of site modifications. The cost of these modifications
would be part of the real estate claim to the
condemning authority. If you cannot cure
or remedy the loss of setbacks on your site,
the business may be wiped out, and a total
loss must be claimed for the business. In this
case, the improvements on-site would also
likely be severely or completely devalued.
* Analyze the effects of the taking on
access and site circulation. Degraded
access and on-site circulation will impact
both your real estate and business
damage claim.
It is essential for a qualified engineer to
model the types of vehicles entering the
site prior to the taking and to model the
same vehicles in the post-taking condition based on the condemner's construction plans. Often slight changes to throat
depth or driveway width can significantly affect the gasoline/convenience
store site's overall functionality.
Make sure that after the taking
there is sufficient driveway width and
site circulation for fuel trucks to access
the fueling tank caps. Additionally, it
is important for commercial vehicles,
SUVs and passenger cars to be able to
enter the site and access the fuel pumps
as easily as before the taking.

* Hire an experienced team of professionals. Retain experienced eminent
domain counsel early in the process.
The attorney should have significant
experience trying eminent domain
cases. Experienced counsel can assist
you in analyzing the above issues with
a team of specialists such as appraisers,
engineers, land planners and business
damage experts. Careful, professional
review of these issues is necessary to
ensure that all compensable elements of
the damages your property and business

will experience as a result of the taking
are captured in your real estate and business damage claims.
Florida law provides that attorney's fees
and expert costs incurred in connection
with an eminent domain taking are payable
by the condemning authority.  ●
Tony Policastro is licensed to practice law
in Florida and New Jersey and is a certified
civil mediator. He restricts his practice to
eminent domain law and maintains offices
in Clearwater, Fort Lauderdale and Miami.

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Petrogram

|

Fall 2018
| 118:48 PM
3/27/17


http://www.guardianfueltech.com http://www.guardianfueltech.com http://www.hytechpetroleum.com http://www.gilbarco.com

Table of Contents for the Digital Edition of Petrogram - Fall 2018

Chair’s Perspective
How Gas Stations and Convenience Stores Should Prepare in Advance of an Eminent Domain Taking
C-Stores See Competitive Edge in Higher-Quality Hot and Cold Food Offerings
Five Market Domination Strategies to Deploy for Even More Profits
The Florida Lottery: Building Brighter Futures
Calendar of Events
Index of Advertisers/Advertiser.com
Petrogram - Fall 2018 - Intro
Petrogram - Fall 2018 - cover1
Petrogram - Fall 2018 - cover2
Petrogram - Fall 2018 - 3
Petrogram - Fall 2018 - 4
Petrogram - Fall 2018 - 5
Petrogram - Fall 2018 - 6
Petrogram - Fall 2018 - 7
Petrogram - Fall 2018 - 8
Petrogram - Fall 2018 - Chair’s Perspective
Petrogram - Fall 2018 - How Gas Stations and Convenience Stores Should Prepare in Advance of an Eminent Domain Taking
Petrogram - Fall 2018 - 11
Petrogram - Fall 2018 - C-Stores See Competitive Edge in Higher-Quality Hot and Cold Food Offerings
Petrogram - Fall 2018 - 13
Petrogram - Fall 2018 - 14
Petrogram - Fall 2018 - 15
Petrogram - Fall 2018 - Five Market Domination Strategies to Deploy for Even More Profits
Petrogram - Fall 2018 - 17
Petrogram - Fall 2018 - 18
Petrogram - Fall 2018 - The Florida Lottery: Building Brighter Futures
Petrogram - Fall 2018 - 20
Petrogram - Fall 2018 - Calendar of Events
Petrogram - Fall 2018 - Index of Advertisers/Advertiser.com
Petrogram - Fall 2018 - cover3
Petrogram - Fall 2018 - cover4
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