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Maverick, Attorney
Category: Legal
Satisfied Customers: 6422
Experience:  20 years experience as a civil trial and appellate lawyer
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I have a lease on a business that is being effected

Customer Question

I have a lease on a business that is being effected seriously by a an imenant domain project. I have a huge grandfathered in outdoor display which i use to sell storage sheds. The road has up to 20,000 cars a day. They are going to take my entire highway frontage dispaly and put a small bypass road with in 30 feet of my building with the righ away with in 3 feet of my front porch,
they have offered to pay to relocate my building to the back of my property. NUT I will loose about 80% of my visibility.
Worse they are going to start in April and the construction will completely block off my business. I plan to loose up to 50,000.00 doallrs in commission if I loose the whole summer season , which they say I will. I am barely making it now o this will for sure force me into bankruptcy.
I have two years left on my lease.
What are my options? Can I demand a NEW location on the same highway for the same rent? Can I get compensated for my loss of business during construction? Can I be compensated for the loss of my display which is a substantial part of my business plan
Submitted: 12 months ago.
Category: Legal
Expert:  Maverick replied 12 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 12 months ago.

This is a highly complex issue but here is a case where some damages were awarded to the landlord and the tenant for eminent domain and inverse condemnation type of case in KY. Notice, however, that the damage award was reversed on appeal. In this case, the verdict awarded the lessees $28,350 as damages for the portion of the leasehold taken, $4,150 as resulting damages to the leasehold interest, $215 for use of a temporary easement, and $8,500 for loss of business during the highway construction period.

Your best bet is to take your lease agreement and other supporting documents and meet with an attorney that specializes in eminent domain law. See this link for a list of such attorneys near you.

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