Business Condemnation Issues

Business goodwill is the intangible value of a business after deducting the value of all tangible assets from the total business value. In loss of business goodwill, unlike in a real estate case in eminent domain, the business owner has the burden of proof to establish the existence of goodwill, that the goodwill loss could not have been avoided by a successful relocation and that the goodwill loss is not already being compensated for in the form of relocation benefits.

Entitlement is tried in court without a jury. Once entitlement to goodwill loss is established, the amount of goodwill loss is determined by a jury with no burden of proof. With the differing levels of proof required in goodwill loss cases, experience of the eminent domain attorney is of critical importance.