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ARTICLE ID 192131

$________ Eminent Domain – Defendant service station business owner contends stability associated with long term history of business and location justifies higher value than would otherwise be the case – Defendant business owner to move for attorney and expert fees under statute providing such relief when final offer by public entity is determined to be unreasonable.

Orange County, CA

This was an eminent domain case involving the taking of property that had been used as a service station for many years The plaintiff State of California valued the business at $________ and the defendant business owner valued the business at $________. The state’s appraisal used a multiplier of two and a-half times earnings as part of its calculation of value.

The defendant business owner’s expert used a multiplier of four times the earnings contained in the financial statements. The business owner maintained that the long history of business and an excellent location reduced the risk and rendered the value of the business greater, justifying using a higher multiplier.

The state’s final pretrial offer was $________ and the business owner’s final demand was $________.The jury awarded $________. The plaintiff has taken the position that since the jury verdict exceeded the final demand, the property owner’s final demand was clearly reasonable and the state’s final offer was clearly unreasonable. The defendant business owner will seek the recovery of attorney and expert fees of approximately $________.

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