Eminent Domain in CO: Can Your Business Stand Against the Government?

Your Business Stand VS ColoradoThe Centennial State is no stranger to condemnation. Just two years ago, the battle between the Summit County and a private property ended in a measly compensation. Due to financial pressure, the private party waved the white flag and Uncle Sam acquired the land through eminent domain. Most often than not, the government is powerful enough to overcome in condemnation cases. While residential properties are the usual victims of the authorities, businesses are sometimes not spared. Apart from forced relocation, you might suffer financially in various ways:

Rule of Compensation

According to Miller & Steiert, P.C., any experienced Denver business lawyer would say that the court generally doesn’t consider your loss of business profits compensable. The spirit behind it is that the government doesn’t always take the business operating on the land, and you’re always free to move your commercial activities to a different location in the event of condemnation. In short, it’s not the government’s problem if the health of your business suffers because of eminent domain. After all, its acquisition of the land your business stands on is an act to serve the common good; your business interests don’t carry much weight.

An Exception to the Rule

If you get your revenue directly from the land, you may apply a claim for loss of profits. If you lost profits from of business operations, like ranching, farming, or timbering, then you may be allowed to file a compensation claim.

Damage to Property

If your trade fixtures incur damage due to the action of the government to take a certain private property, even if it was done to serve the public good, you may apply for a claim and be rightfully compensated. Being on the opposite side of the government, especially in an eminent domain case, is never a pleasant place to be. Nevertheless, fighting for your best interests is never a lost cause. Hiring a seasoned attorney specializing in commercial matters is the first step to fight for your rights.