Can Business Goodwill be Recovered in Eminent Domain Cases?

by: Anthony F. Della Pelle
24 Feb 2011

“Recovering Business Goodwill in Condemnation Cases” was published by the ABA Section of Litigation–Condemnation, Zoning & Land Use Litigation Committee in its Winter 2011 edition.  The article examines case law and statutes from across the United States to discuss common exceptions to the general rule that a business may not recover “profits” after its property has been taken by eminent domain.

Anthony F. Della Pelle and Cory K. Kestner, attorneys at McKirdy & Riskin, PA, co-authored the article.

The property owners in State v. Arifee, Mohammed and Jawed Arifee and the Palace Car Wash, discussed in the ABA article and the blog posts, were represented by McKirdy & Riskin’s Edward McKirdy, Anthony Della Pelle and Joseph Grather at trial and on the appeal.

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