Premium Essay

Eminent Domain Case

In: Business and Management

Submitted By biltmoreliving
Words 7890
Pages 32
Counter Offer to Summary/Offer to Purchase Real Property

Due to acquisition of right of way and damages

Silver Bullet, Inc. William “Bill” I. Young
1116 Shoal Creek Road | Burnsville | NC 28714 Property Location: 4075 Hwy 19E | Burnsville T:828.208.0006

1|P a g e

Submitted to the State of North Carolina Department of Transportation

Retail gasoline businesses, such this gas station and convenience store, are single-purpose economic enterprises. Because of their specialty of design, they cannot be readily converted to other types of businesses without a significant loss in value. Gas station convenience stores are special-built properties designed to make money in only one way, and they are not easily adapted to other uses. These businesses derive a significant part of their gross sales, about 50 percent, from the sale of motor fuels (National Association of Convenience Stores, 2006). The Silver Bullet recorded at one time 77% of gross sales from the sale of gasoline. This business also sold propane and kerosene (2000 UST). This site has (1) 8,000, (2) 6,000, and (1) 2000 gallon warranted (40 yrs) USTs for fuel (installed by Southern Tank & Pump, NC).

stations, and canopies, which are situated on-site but separate from the building. Design features create and significantly influence the property value. For example, the fuel service is so specially-designed that if it becomes no longer profitable to sell motor fuel at a particular site, the contributory value of the fuel service will be zero or even negative. Unlike a generic retail store or office building, the fuel service cannot be put to any other use. This specialty of design and economic narrowness of use for retail gasoline properties can result in an after value that is comparatively low. Case law indicates that an abutting...

Similar Documents

Free Essay

Kelo vs New London

...The March of 2004 the case was first presented in Connecticut courts in which owners sued the city arguing that the city had distorted their eminent domain power. Kelo and the other appellants brought up the argument that the City of New London was in violation due to transfer of...

Words: 1437 - Pages: 6

Free Essay

Eminent Domain Paper

...When Should Eminent Domain be Used? When should a city or state use their eminent domain powers? Over the past few years there have been a couple of cases that raised the questions of when eminent domain should be used. One of the most controversial cases in the history of the United States was the Kelo v New London Supreme Court ruling. In order to generate tax revenue, add jobs, and to prevent bankruptcy, the government’s right to initiate eminent domain for public good is a necessary evil. Eminent domain in definition is “the right or power of public purposes without the owner’s consent on payment of just compensation” (“Eminent Domain History”). Eminent domain has been a part of the United States ever since the constitution was created. Eminent domain is not stated in the constitution. However, it is implied at the end if the Fifth Amendment, " [no person should] be deprived of life, liberty, or property be taken for public use, without just compensation" (U.S. Constitution). Eminent domain is not new to the United States. The first eminent domain case was “in 1879 the Supreme Court, in the case of Boom Co. v. Patterson, (98 U.S. 403) said that eminent domain appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty" (“Draw the Line”). After World War II, eminent domain was used on a regular basis....

Words: 1214 - Pages: 5

Premium Essay

Eminent Domain

...Under the US constitution, private property may be taken by eminent domain if the taking is for a public purpose and if just compensation is provided (Britannica: property law). Given the intended purpose of Eminent Domain, the policy faces controversy as to whether it is carrying out its mission of providing for...

Words: 3810 - Pages: 16

Premium Essay

A State’s Right of Taking Under Eminent Domain or Police Powers

...Eminent domain, “also called condemnation or expropriation, is the power of government to take private property for public use with the owner’s consent…requiring the...

Words: 768 - Pages: 4

Free Essay

Eminent Domain

...To understand the purpose of public use, it is necessary to note it is statutorily described as the ownership, use and enjoyment of the property by the State, a political subdivision of the state, or the public at large, or an entity granted the power of eminent domain under law, or the elimination of urban blight. Generally speaking, the court system often decides the specific facts of a case made for eminent domain and condemnation. Often times, projects are categorized...

Words: 965 - Pages: 4

Free Essay

Kelo Et Al. V. City of New London Et Al.

...Over 90 acres of property were purchased and acquired through eminent domain for the development of residential housing, recreational, marina, retail and industrial parcels. Of the 90 acres, thirty-two of the acres came from Fort Trumbull and the remainder from private owners. All private owners, except 15, sold to the city for the project. The remaining 15 held out not for money, but for emotional and sentimental reasons. The Supreme Court of Connecticut ruled in favor of the taking of the private property under eminent domain. The United States Supreme Court granted certiorari and grouped all 15 cases in one appeal. IV. LEGAL ISSUES: Is the use of eminent domain to acquire property by the government and redirect for private use repugnant to the Fifth Amendment of the U.S. Constitution which reads “…nor shall private property be taken for public use, without just compensation”? Is the taking of property from A and giving it to B for economic development a “public use” under the Fifth Amendment? V. COURT DECISION: In a 5 to 4 decision, the Supreme Court upheld the decision of the Connecticut Supreme. Justices Stevens, Kennedy, Souter, Ginsburg, and Breyer were in majority with Justices O’Connor, Rehnquist, Scalia, and Thomas dissenting. VI. OPINION AND REASONING OF THE COURT: (by Justice Stevens) The majority opinion and...

Words: 1569 - Pages: 7

Premium Essay

Case 3

...Logan Armbruster September 17, 2014 Business 481 Case 3.1 1. Did New London treat Susette Kelo and her neighbors fairly? Assuming that the proposed development would help to revitalize New London, is it just for the city to appropriate private property around Fort Trumbull? a. I believe that New London treated Kelo and her neighbors as fair as they could. The proposed development would hope to attract new development, which would help revitalize the community and bring in tax revenue. I believe it’s just for the city to appropriate private property around Fort Trumbull because of their power of eminent domain. 2. Are towns such as New London and Salina pursuing wise, beneficial, and progressive social policies, or are their actions socially harmful and biased against ordinary working people and small-business owners? a. I believe that New London and Salina are pursuing progressive social policies but their actions are socially harmful to the homeowners of the areas that they are taking over with their eminent domain right. 3. Do you believe that eminent domain is a morally legitimate right of government? Explain why or why not. a. I believe that eminent domain is a morally legitimate right of government. I feel this way because you are being compensated for your loss of property with either money or land or both....

Words: 547 - Pages: 3

Free Essay

What Constitutional Issue Did the Supreme Court Take the Case to Answer, and What Was Its Answer?

...This right is known as eminent domain. Eminent domain is the power of the government to take private property from a citizen, even when that citizen refuses to voluntarily sell the property. In the United States, use of the eminent domain power is limited by a clause in the Fifth Amendment of the constitution, which states “nor shall private property be taken for public use, without just compensation”. Long established purposes for the eminent domain power have been for the building of roads and public buildings, but it has become increasingly common for state or local governments to use the power for redevelopment projects. The city of New London, Connecticut established a private development corporation to redevelop a neighborhood near the shore of Long Island Sound with the goal of revitalizing the depressed area. A group of home owners, who lived on the targeted land, including Susette Kelo, decided to fight the issue rather than allow their homes to be destroyed. The Supreme Court case of Kelo v. City of New London established that eminent domain can be used for economic redevelopment projects. The U.S. Supreme Court's 5-4 ruling against the homeowners established that the Fifth Amendment's "public use" requirement is merely a "public purpose" requirement. The City of New London only needed to anticipate that the public will benefit in some way in order to justify a given use of eminent domain....

Words: 279 - Pages: 2

Free Essay

Business Damages

...Research Paper April 27, 2001 House Bill No. 197 – Business Damages House Bill 197 is a bill that amends Idaho Code Section 7-711 in regards to business damages in eminent domain or condemnation proceedings. The article, “Valuing Business Goodwill Loss in Eminent Domain Cases” by Robert Trout defines a condemnation as: The process of taking private property for public use through the power of eminent domain (government). Trout states, The loss of property causes economic damages consisting of lost tangible asset values and, when appropriate, lost intangible asset values, primarily business goodwill. Tangible assets are those that show up on a balance sheet, including real property. Examples include land, buildings, and equipment. Intangible assets are other assets of a business that can be individually identified and valued. Examples include trademarks, patents, copyrights, trade secrets, customer lists, and goodwill. (Trout) Business damages are new just last year (2000) to Idaho law. Prior to that there were no laws stating that a condemnor had to pay a condemnee for their business loss due to the acquisition of new property. Being so new, Idaho does not have a definition of goodwill....

Words: 1161 - Pages: 5

Free Essay


...I will present my argument that this temporary flooding was a taking as defined by our text and was done so under eminent domain. When a property is taken in this manner the owner is justly compensated for the loss according to the Fifth Amendment to the United States Constitution. Keywords: eminent domain, taking, temporary flooding The practice of taking by eminent domain is deeply rooted in history long before it was written about in the Fifth Amendment to the United States Constitution. The term itself was taken from the legal treatise De Jure Belli et Pacis, which was written by Hugo Grotius in 1625. Grotius, whose various texts are considered the foundations for international law, defined the power as follows: The property of subjects is under the eminent domain of the state, so that the state or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But it is to be added...

Words: 1221 - Pages: 5

Premium Essay

Eminent Domain

...Lancaster then used its power to emenent domain to condemn the 99 Cents property for the purpose of making city contrasted 99 Cents property for the purpose of making it available to Costco. the city noted that blight might follow if Costco left, and the city contrasted 99Cents' under $40,000 per year in sales taxes generated with costco's more then $400,000. 99 Cents then sued the city seeking an order blocking the effort to take the 99 Cents property Eminent domain allows states the right to take over private property, at fair market value, for public use. Due the declining economy of Lancaster, I would rule in favor of the state to take over 99 Cent Only Stores Property thereby allowing Costco to move in. The additional sales tax generated by allowing Costco to take over the property of 99 Cent Only Store would allow Lancaster to continue independently as a productive county. The present negative of eminent domain, in this case, wieghs far less than the positive outcome of ruling in favor of Costco. B. Would the result be any differnet today after the Supreme Court's 2005 decision in the New London, connecticut case? Explain According the to Supreme Courts ruling, the city can file for eminent domain even if the economy is not blighted. The result would be the same today; however, prior to ruling in favor of the state, I would require Costco's development company to provide a commitment for funding....

Words: 343 - Pages: 2

Free Essay

Eminem Domain

...Cities across the country have been using eminent domain to force people off their land, so private developers can build more expensive homes and offices that will pay more in property taxes than the buildings they're replacing. Under eminent domain, the government buys your property, paying you what's determined to be fair market value. But now, people who don't want to sell their homes at any price - just to see their land go to another private owner - are fighting back. Correspondent Mike Wallace reports...

Words: 1946 - Pages: 8

Premium Essay

M-Core Problem Solution

...Running head: PROBLEM SOLUTION: M-CORE Problem Solution: M-Core Problem Solution: M-Core M-Core is at the head of their industry and has planned to move forward with developing their new facility in New Oxford, a green environment. In becoming a part of the New Oxford community, M-Core will have an opportunity to embrace and become involved with the community’s needs and the environment that has become protected, helping to secure the future of the people while working within the company’s estimated budgets and timeframes. Describe the Situation Issue and Opportunity Identification M-Core is having difficult y negotiating acceptable deals with the remaining homeowners causing delays towards the development of the new research and development facility. The opportunity M-Core has is to develop creative ideas to resolve the conflict with the resistant homeowners by creating an alliance with Nature’s Gift Society through the implementation of a green plan during planning, developing, and implementing phases of their new facility. By creating the alliance, Nature’s Gift may ease the negotiations with the homeowners, minimize the need for legal actions to take the properties from the remaining homeowners, and avoid need for the Mayor’s involvement. Stakeholder Perspectives/Ethical Dilemmas M-Core desires to gain additional acreage to develop their facility to create the “chip” and a better workplace, while developing on land that displays serenity to inspire...

Words: 3379 - Pages: 14

Free Essay

Casestudy 3 - Property

...Contracts Case Study: Property Martha Sparks April 19, 2013 Introduction In this case study, Barney is a client that running into an extreme case of misfortune facing several issues that must be resolved in court. The issues will be outlined below with information to help properly set Barney's expectations of his upcoming battle to keep his possessions. I have grouped the issues based on the calls listed to the attorney in the case study. Issue #1 - mountain property that is currently in process of foreclosing includes a squatter Barney is on his way out to his mountain property to do some fly fishing when he was welcomed by a hostile participant. Barney tried to explain that he had the deed to prove the property belonged to him. The hostile participant responded by saying he had lived on the property for some 20 years and that it belonged to him. According to "North Carolina General Assembly" (2013), "No action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person is in possession thereof, or defendant in action, or those under whom he claims, has possessed the property under known and visible lines and boundaries adversely to all other persons for 20 years..." (1-40. twenty years adverse possession). According to "Court of Appeals of North Carolina" (2013), “the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period” (para. 12)....

Words: 1620 - Pages: 7

Free Essay


...Question 12 Page 170 On July 5, 1884, four sailors were cast away from their ship in a storm 1,600 miles from the Cape of Good Hope. Their lifeboat contained neither water nor much food. On the 20th day of their ordeal, Dudley and Stevens, without the assistance or agreement of Brooks, cut the throat of the fourth sailor, a 17- or 18-year-old boy. They had not eaten since day 12. Water had been available only occasionally. At the time of the death, the men were probably about 1,000 miles from land. Prior to his death, the boy was lying helplessly in the bottom of the boat. The three surviving sailors ate the boy’s remains for four days, at which point they were rescued by a passing boat. They were in a seriously weakened condition. a. Were Dudley and Stevens guilty of murder? Explain. b. Should Brooks have been charged with a crime for eating the boy’s flesh? Explain. See The Queen v. Dudley and Stephens, 14 Queen’s Bench Division 273 (1884). a. “The facts found on the special verdict shew that the prisoners were not guilty of murder, at the time when they killed Parker but killed him under the pressure of necessity. Necessity will excuse an act which would otherwise be a crime.”(justiceharvard) After reading this I believe that they did what they had to do in order to survive. They said the boy was weak and wouldn’t have made it anyway. They will have to live with the decision they made but they got to live because of it. b. No, he used it as a means to......

Words: 665 - Pages: 3