Lowered Road Creates Wall Around Bank Property

SETTLEMENT: 312% OF THE ORIGINAL OFFER

Before the Take, the Drive-Thru Bank was on ground that was level with the surrounding roadways. There was ample grass and landscaping around the bank, and customers had an excellent view of the property, parking lot, and drive thru areas on the property.

The roadway project lowered the roads running along the front and one side of the property, to drop the main road under nearby railroad tracks. We presented a “Before” View (above), to compare to the “After” view (below) to demonstrate that the commercial property was significantly affected by the project.

After the Take, the roads around 2 sides of a drive-thru bank were lowered 8 feet below the existing property, and much of the landscaped area around the bank was taken.  We used computer renderings to show how the property would look after the take.  The renderings demonstrated that the commercial/retail property’s visibility and exposure were damaged by:

  • Lowering the adjoining roads,

  • Constructing a retaining wall around 2 sides of the property, and

  • Installing safety fencing on top of the retaining wall

SETTLED AT A MEDIATION - THE LANDOWNER RECEIVED MORE THAN 3X THE ORIGINAL OFFER.

NOTE: Eminent Domain law is complex and changes frequently. Past case results do not indicate or guarantee future results.
Every case has unique facts and circumstances and must be considered on its own merits.

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