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Topic: Barry's Magic Shop threatend by eminent domain....
Message: Posted by: Jim Poor (Jan 8, 2006 09:39AM)
Not sure the best place to put this, but I thought here would be a good start.

I was in the store on Friday and things were not so happy. It seems that the city is trying to tear down the shop in order to build a park. The shop has been there for over 30 years now.

They are collecting E-mail addresses at the moment in case they need to gather names or signatures and such.

Those of you who are familiar with the area, know that there are no Magic shops left in the DC area or Northern VA.
Message: Posted by: LobowolfXXX (Jul 14, 2006 03:52PM)
[quote]
On 2006-01-08 10:39, Jim Poor wrote:
Not sure the best place to put this, but I thought here would be a good start.

I was in the store on Friday and things were not so happy. It seems that the city is trying to tear down the shop in order to build a park. The shop has been there for over 30 years now.

They are collecting E-mail addresses at the moment in case they need to gather names or signatures and such.

Those of you who are familiar with the area, know that there are no Magic shops left in the DC area or Northern VA.



[/quote]

I got to this one late, unfortunately. I work at a law firm that specializes in eminent domain. Make sure the owner gets in touch with an eminent domain specialist. You didn't say whether the owner of the shop owns the property or leases, but in any case, he is entitled to some measure of compensation. The laws vary from state to state, but a number of states (including mine; not sure about yours) provide by statute for relocation assistance (read: money) and/or compensation for loss of business goodwill in addition to the just compensation that is required by the Constitution. Furthermore, in California at least, to secure prejudgment possession of the property, the condemning agency will be required to post a deposit of probable compensation (for the real property owner). Eminent domain law allows for withdrawal of those funds while fighting for even more, provided you do not legally contest the actual right to take (which is a losing battle almost always, anyway). Eminent domain trials are about valuation, 99% of the time. Eminent domain firms will handle cases on a contingency basis, taking a percentage of the increase; in other words, the property owner can take every penny on deposit, fight for more, and not have any out-of-pocket legal expenses (though pursuing a case will undoubtedly require hiring an appraiser, which the owner DOES pay for). Stay after this one...state and federal law dictates that even though government agencies may take one's property for public use, property owners and leasehold owners DO have significant rights. There may be a suitable property for relocation not terribly far away. In addition, if the project for which the property is being condemned is receiving a certain percentage of federal funding, states must follow federal guidelines (which provide for relocation assistance even though the project may be taking place in a state that wouldn't otherwise provide for such benefits). Get a lawyer, and make sure it's a specialist in this specific area of law.
Message: Posted by: Jim Poor (Jul 14, 2006 05:09PM)
This actually went away for a while and then resurfaced. A more current discussion is here....

http://www.themagiccafe.com/forums/viewtopic.php?topic=166823&forum=36