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How Commercial Property Owners Can Deflect the One-Two Punch of Condemnation and Zoning

The Real Estate Network

  • September-October 2023

Christian Torgrimson wrote an article in The Real Estate Network magazine about navigating the one-two punch of condemnation and zoning.

"When the government condemns a commercial property for a public project, it can be a rude awakening for property owners to realize the layers of damage they may suffer," she wrote. "Many owners are familiar with the basic concept that a state or local department of transportation, for example, must compensate them for taking their property. But many are surprised to learn that the condemnation is often the first of two punches."

"The second punch can land unexpectedly, sometimes after owners have already settled with the government entity," she continued. "It involves the additional burden of cost, risk, time, and value of going through the zoning and permitting process to fix or 'cure' the property after a taking, especially if a commercial business is operating on the property. It often involves losing grandfathered rights for certain improvements like business signage despite owners being forced through that process through no fault of their own."

"Fortunately, property owners have the right to be compensated for this additional burden as part of the condemnation process," she said. "The key is knowing the second punch is coming and planning proactively for it."

You can read the full article starting on page 52 of the September-October issue.

The Real Estate Network serves an audience of real estate professionals across the United States. It is published by CREST Publications Group.  

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