Category Archives: Eminent Domain

Eminent Domain Business Relocation Benefits & Compensation Regulations in Alabama

Abbreviated Eminent Domain Business Relocation Regulations – State of Alabama

For an owner planning a business relocation in eminent domain, you will need to have a good understanding of the applicable relocation regulations and compensation for your business relocation.

An abbreviated list of Alabama’s relocation benefits for relocation compensation is attached below.  This list can be used as a cheat sheet for your relocation planning.  This will help you understand what you are entitled to for relocation cost reimbursements, or compensation, while planning the relocation of your business that is being displaced by a public project and where the relocation regulations are based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.  This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.

Alabama’s relocation regulations are based on the federal Uniform Relocation Act. 

Planning Your Business Relocation in Eminent Domain

The guide above will help you get started with planning your business relocation in eminent domain and includes a list of my recommended best practices for the relocation process. Please follow this link to How to Begin Planning Your Business Relocation in Eminent Domain.

Eminent Domain and Business Relocation Questions and Answers

If you have questions, feel free to contact me for answers while planning your relocation.

You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.

Below are links to Alabama’s eminent domain and relocation laws and policies along with links to the Federal Uniform Act.  These links will provide you with a full description and eligibility requirements for relocation benefits and payments when eminent domain is used for the acquisition of private property and relocation of the occupants.

Alabama Relocation Assistance and Real Property Acquisition Policies

Alabama State DOT Right of Way Manual ALDOT ROW

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

United States Code Title 42 USC Chapter 61

Code of Federal Regulations Title 49 CFR Part 24

Alabama Eminent Domain Business Relocation Benefits and Compensation Regulations, Abbreviated

Alabama Eminent Domain Business Relocation Compensation Regulations

Eminent Domain Business Relocation Benefits & Compensation Regulations in Virginia

Abbreviated Eminent Domain Business Relocation Regulations – State of Virginia

As an Virginia business owner planning a relocation in eminent domain, you will need to have a good understanding of the applicable relocation regulations and compensation for your business relocation.

An abbreviated list of Virginia’s relocation benefits for relocation compensation is attached below.  This list can be used as a cheat sheet for your relocation planning.  This will help you understand what you are entitled to for relocation cost reimbursements, or compensation, while planning the relocation of your business that is being displaced by a public project and where the relocation regulations are based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.  This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.

Virginia’s relocation regulations are based on the federal Uniform Relocation Act.  However, the state has enhanced the Fixed Payment category to $75,000.  The Uniform Relocation Act has a maximum of $40,000 for this one category.  To comply with the Uniform Relocation Act regulations, a public agency cannot diminish any of the benefits within the Act, however, it is allowed to enhance the benefits.

Planning Your Business Relocation in Eminent Domain

The guide above will help you get started with planning your business relocation in eminent domain and includes a list of my recommended best practices for the relocation process. Please follow this link to How to Begin Planning Your Business Relocation in Eminent Domain.

Eminent Domain and Business Relocation Questions and Answers

If you have questions, feel free to contact me for answers while planning your relocation.

You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.

Below are links to Virginia’s eminent domain and relocation laws and policies along with links to the Federal Uniform Act.  These links will provide you with a full description and eligibility requirements for relocation benefits and payments when eminent domain is used for the acquisition of private property and relocation of the occupants.

Virginia Relocation Assistance and Real Property Acquisition Policies

Code of Virginia Title 25.1 Chapter 4

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

United States Code Title 42 USC Chapter 61

Code of Federal Regulations Title 49 CFR Part 24

Virginia Eminent Domain Business Relocation Benefits and Regulations, Abbreviated

Virginia Eminent Domain Business Relocation Regulations, Abbreviated

How to Begin Planning Your Business Relocation in Eminent Domain – Wisconsin

Successful Business Relocations Within Eminent Domain

Proper planning of a Wisconsin business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business by fully utilizing the relocation benefits and compensation provided by the public project and its displacing public agency.  Those opportunities can include the following, with the use of relocation benefits and compensation:

  • Moving to a right-size facility and/or right location for your business
  • Replacing equipment with more productive equipment
  • Improving the flow or style of your business operations

Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities in amounts ranging from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.

Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner.  99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation.  This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.  This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.

The state of Wisconsin closely follows the federal Uniform Relocation Act, with no enhancements as some states include.

Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005.  I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after relocating your business for a public project.

Failed Business Relocations Within Eminent Domain

In my opinion, most business failures occur, not because of inadequate relocation benefits within the URA, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner.  The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses.  Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency. 

I’ll share with you some of my methods and recommendations for achieving excellent business relocation results. My hope is for you and your business to also complete your relocation where you are in a better situation because of relocating within eminent domain and by fully using the available relocation benefits described in the Uniform Relocation Act, or the Wisconsin relocation guidelines.

It starts with understanding some of the positive and negative influences that will impact the results of your relocation.

Factors Affecting the Level of Success for Business Relocations in Eminent Domain

Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Wisconsin Relocation Regulations. A few of those include:

  • The particular circumstances of the real property being condemned
  • The circumstances of the business type being displaced
  • The condemning public agency’s approach to relocation
  • The ability to soften or overcome those factors listed above
  • The business owner’s approach to relocating their business.

For this discussion, I’ll focus on the business owner’s most controllable part of the process, the business owner themselves and their approach to relocating while following the URA or Wisconsin’s regulations.

Best Practices for Eminent Domain Business Relocation Planning

For the best relocation outcome, the business owner will want to use the proper approach to the relocation process.  There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.

  1. Work with the displacing public agency as much as reasonably possible.  Take advantage of the services they offer you.
  2. Educate yourself on your relocation benefits (see my Wisconsin Abbreviated Eminent Domain Business Relocation Compensation Regulations cheat sheet), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
  3. Avoid these common mistakes listed below and my Top-10 business relocation mistakes when relocating within eminent domain:
    1. Denying that your business can be relocated.
    2. Denying that a certain item or items you own cannot be relocated.
    3. Not gaining ownership or control of fixtures used in your business
    4. Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
    5. Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements.  You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
  4. Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
    1. Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
    2. You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
  1. Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
  2. Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
  3. File relocation claims with the displacing public agency as you incur an obligation to the costs.  File claims early and often.
  4. Relocation claims should be well described and supported.  Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
  5. Request any public agency claim denials for relocation benefits to be in writing.  Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
  6. If your business is more complicated than a small insurance or real estate office, consider talking with an eminent domain relocation consultant.

This summary of best practices for relocation planning will hopefully get you started on the right foot with your business relocation.  Business relocation planning within eminent domain is one of my favorite services I provide and topic for conversation.  Please feel free to call me to discuss your situation.

Questions and Answers on Eminent Domain and Business Relocations

If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:

  • What do you do next, starting from the point where you are in your relocation process?
  • How do you apply the best practices to your specific business relocation planning?
  • What are your eligible relocation benefits and compensation?
  • How and when do you become eligible for relocation benefits and compensation?
  • How do you prevent a loss of your relocation benefits and compensation?
  • How can you get out of a pickle in your current relocation situation?
  • What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
  • When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel

You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.

Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.

References:

Wisconsin Relocation Assistance and Real Property Acquisition Policies

Wisconsin State Legislature 32.19

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

United States Code Title 42 USC Chapter 61

Code of Federal Regulations Title 49 CFR Part 24

How to Begin Planning Your Business Relocation in Eminent Domain – Minnesota

Successful Business Relocations Within Eminent Domain

Proper planning of an Minnesota business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business by fully utilizing the relocation benefits and compensation provided by the public project and its displacing public agency.  Those opportunities can include the following, with the use of relocation benefits and compensation:

  • Moving to a right-size facility and/or right location for your business
  • Replacing equipment with more productive equipment
  • Improving the flow or style of your business operations

Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities in amounts ranging from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.

Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner.  99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation.  This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.  This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.

The state of Minnesota follows the federal Uniform Relocation Act, although it has enhanced the reestablishment category to a higher maximum amount of $50,000. The uniform Relocation Act limits this one category to $25,000.

Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005.  I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after relocating your business for a public project.

Failed Business Relocations Within Eminent Domain

In my opinion, most business failures occur, not because of inadequate relocation benefits within the URA, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner.  The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses.  Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency. 

I’ll share with you some of my methods and recommendations for achieving excellent business relocation results. My hope is for you and your business to also complete your relocation where you are in a better situation because of relocating within eminent domain and by fully using the available relocation benefits described in the Uniform Relocation Act, or the Minnesota relocation guidelines.

It starts with understanding some of the positive and negative influences that will impact the results of your relocation.

Factors Affecting the Level of Success for Business Relocations in Eminent Domain

Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Minnesota Relocation Regulations. A few of those include:

  • The particular circumstances of the real property being condemned
  • The circumstances of the business type being displaced
  • The condemning public agency’s approach to relocation
  • The ability to soften or overcome those factors listed above
  • The business owner’s approach to relocating their business.

For this discussion, I’ll focus on the business owner’s most controllable part of the process, the business owner themselves and their approach to relocating while following the URA or Minnesota’s regulations.

Best Practices for Eminent Domain Business Relocation Planning

For the best relocation outcome, the business owner will want to use the proper approach to the relocation process.  There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.

  1. Work with the displacing public agency as much as reasonably possible.  Take advantage of the services they offer you.
  2. Educate yourself on your relocation benefits (see my Minnesota Abbreviated Eminent Domain Business Relocation Compensation Regulations cheat sheet), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
  3. Avoid these common mistakes listed below and my Top-10 business relocation mistakes when relocating within eminent domain:
    1. Denying that your business can be relocated.
    2. Denying that a certain item or items you own cannot be relocated.
    3. Not gaining ownership or control of fixtures used in your business
    4. Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
    5. Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements.  You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
  4. Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
    1. Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
    2. You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
  1. Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
  2. Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
  3. File relocation claims with the displacing public agency as you incur an obligation to the costs.  File claims early and often.
  4. Relocation claims should be well described and supported.  Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
  5. Request any public agency claim denials for relocation benefits to be in writing.  Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
  6. If your business is more complicated than a small insurance or real estate office, consider talking with an eminent domain relocation consultant.

This summary of best practices for relocation planning will hopefully get you started on the right foot with your business relocation.  Business relocation planning within eminent domain is one of my favorite services I provide and topic for conversation.  Please feel free to call me to discuss your situation.

Questions and Answers on Eminent Domain and Business Relocations

If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:

  • What do you do next, starting from the point where you are in your relocation process?
  • How do you apply the best practices to your specific business relocation planning?
  • What are your eligible relocation benefits and compensation?
  • How and when do you become eligible for relocation benefits and compensation?
  • How do you prevent a loss of your relocation benefits and compensation?
  • How can you get out of a pickle in your current relocation situation?
  • What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
  • When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel

You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.

Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.

References:

Minnesota Relocation Assistance and Real Property Acquisition Policies

2019 Minnesota Statues 117.52 UNIFORM RELOCATION ASSISTANCE

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

United States Code Title 42 USC Chapter 61

Code of Federal Regulations Title 49 CFR Part 24

How to Begin Planning Your Business Relocation in Eminent Domain – Ohio

Successful Business Relocations Within Eminent Domain

Proper planning of an Ohio business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business by fully utilizing the relocation benefits and compensation provided by the public project and its displacing public agency.  Those opportunities can include the following, with the use of relocation benefits and compensation:

  • Moving to a right-size facility and/or right location for your business
  • Replacing equipment with more productive equipment
  • Improving the flow or style of your business operations

Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities in amounts ranging from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.

Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner.  99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation.  This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.  This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.

The State of Ohio relocation regulations are based on the Uniform Relocation Act and follow it strictly.

Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005.  I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after relocating your business for a public project.

Failed Business Relocations Within Eminent Domain

In my opinion, most business failures occur, not because of inadequate relocation benefits within the URA, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner.  The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses.  Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency. 

I’ll share with you some of my methods and recommendations for achieving excellent business relocation results. My hope is for you and your business to also complete your relocation where you are in a better situation because of relocating within eminent domain and by fully using the available relocation benefits described in the Uniform Relocation Act, or the Ohio relocation guidelines.

It starts with understanding some of the positive and negative influences that will impact the results of your relocation.

Factors Affecting the Level of Success for Business Relocations in Eminent Domain

Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Ohio Relocation Regulations. A few of those include:

  • The particular circumstances of the real property being condemned
  • The circumstances of the business type being displaced
  • The condemning public agency’s approach to relocation
  • The ability to soften or overcome those factors listed above
  • The business owner’s approach to relocating their business.

For this discussion, I’ll focus on the business owner’s most controllable part of the process, the business owner themselves and their approach to relocating while following the URA or Ohio’s regulations.

Best Practices for Eminent Domain Business Relocation Planning

For the best relocation outcome, the business owner will want to use the proper approach to the relocation process.  There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.

  1. Work with the displacing public agency as much as reasonably possible.  Take advantage of the services they offer you.
  2. Educate yourself on your relocation benefits (see my Ohio Abbreviated Eminent Domain Business Relocation Compensation Regulations cheat sheet), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
  3. Avoid these common mistakes listed below and my Top-10 business relocation mistakes when relocating within eminent domain:
    1. Denying that your business can be relocated.
    2. Denying that a certain item or items you own cannot be relocated.
    3. Not gaining ownership or control of fixtures used in your business
    4. Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
    5. Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements.  You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
  4. Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
    1. Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
    2. You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
  1. Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
  2. Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
  3. File relocation claims with the displacing public agency as you incur an obligation to the costs.  File claims early and often.
  4. Relocation claims should be well described and supported.  Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
  5. Request any public agency claim denials for relocation benefits to be in writing.  Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
  6. If your business is more complicated than a small insurance or real estate office, consider talking with an eminent domain relocation consultant.

This summary of best practices for relocation planning will hopefully get you started on the right foot with your business relocation.  Business relocation planning within eminent domain is one of my favorite services I provide and topic for conversation.  Please feel free to call me to discuss your situation.

Questions and Answers on Eminent Domain and Business Relocations

If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:

  • What do you do next, starting from the point where you are in your relocation process?
  • How do you apply the best practices to your specific business relocation planning?
  • What are your eligible relocation benefits and compensation?
  • How and when do you become eligible for relocation benefits and compensation?
  • How do you prevent a loss of your relocation benefits and compensation?
  • How can you get out of a pickle in your current relocation situation?
  • What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
  • When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel

You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.

Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.

References:

Ohio Relocation Assistance and Real Property Acquisition Policies

Ohio Revised Code Chapter 163: APPROPRIATION OF PROPERTY

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

United States Code Title 42 USC Chapter 61

Code of Federal Regulations Title 49 CFR Part 24

How to Begin Planning Your Business Relocation in Eminent Domain – Alaska

Successful Business Relocations Within Eminent Domain

Proper planning of an Alaskan business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business by fully utilizing the relocation benefits and compensation provided by the public project and its displacing public agency.  Those opportunities can include the following, with the use of relocation benefits and compensation:

  • Moving to a right-size facility and/or right location for your business
  • Replacing equipment with more productive equipment
  • Improving the flow or style of your business operations

Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities in amounts ranging from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.

Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner.  99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation.  This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.  This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.

The State of Alaska relocation regulations are based on the Uniform Relocation Act and follow it strictly.

Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005.  I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after relocating your business for a public project.

Failed Business Relocations Within Eminent Domain

In my opinion, most business failures occur, not because of inadequate relocation benefits within the URA, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner.  The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses.  Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency. 

I’ll share with you some of my methods and recommendations for achieving excellent business relocation results. My hope is for you and your business to also complete your relocation where you are in a better situation because of relocating within eminent domain and by fully using the available relocation benefits described in the Uniform Relocation Act, or the Alaska relocation guidelines.

It starts with understanding some of the positive and negative influences that will impact the results of your relocation.

Factors Affecting the Level of Success for Business Relocations in Eminent Domain

Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Alaska Relocation Regulations. A few of those include:

  • The particular circumstances of the real property being condemned
  • The circumstances of the business type being displaced
  • The condemning public agency’s approach to relocation
  • The ability to soften or overcome those factors listed above
  • The business owner’s approach to relocating their business.

For this discussion, I’ll focus on the business owner’s most controllable part of the process, the business owner themselves and their approach to relocating while following the URA or Alaska’s regulations.

Best Practices for Eminent Domain Business Relocation Planning

For the best relocation outcome, the business owner will want to use the proper approach to the relocation process.  There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.

  1. Work with the displacing public agency as much as reasonably possible.  Take advantage of the services they offer you.
  2. Educate yourself on your relocation benefits (see my Alaska Abbreviated Eminent Domain Business Relocation Compensation Regulations cheat sheet), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
  3. Avoid these common mistakes listed below and my Top-10 business relocation mistakes when relocating within eminent domain:
    1. Denying that your business can be relocated.
    2. Denying that a certain item or items you own cannot be relocated.
    3. Not gaining ownership or control of fixtures used in your business
    4. Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
    5. Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements.  You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
  4. Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
    1. Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
    2. You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
  1. Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
  2. Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
  3. File relocation claims with the displacing public agency as you incur an obligation to the costs.  File claims early and often.
  4. Relocation claims should be well described and supported.  Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
  5. Request any public agency claim denials for relocation benefits to be in writing.  Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
  6. If your business is more complicated than a small insurance or real estate office, consider talking with an eminent domain relocation consultant.

This summary of best practices for relocation planning will hopefully get you started on the right foot with your business relocation.  Business relocation planning within eminent domain is one of my favorite services I provide and topic for conversation.  Please feel free to call me to discuss your situation.

Questions and Answers on Eminent Domain and Business Relocations

If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:

  • What do you do next, starting from the point where you are in your relocation process?
  • How do you apply the best practices to your specific business relocation planning?
  • What are your eligible relocation benefits and compensation?
  • How and when do you become eligible for relocation benefits and compensation?
  • How do you prevent a loss of your relocation benefits and compensation?
  • How can you get out of a pickle in your current relocation situation?
  • What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
  • When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel

You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.

Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.

References:

Alaska Relocation Assistance and Real Property Acquisition Policies

Alaska Administrative Code 17.81 Relocation Assistance Services

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

United States Code Title 42 USC Chapter 61

Code of Federal Regulations Title 49 CFR Part 24

How to Begin Planning Your Business Relocation in Eminent Domain – Florida

Successful Business Relocations Within Eminent Domain

Proper planning of a Florida business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business by fully utilizing the relocation benefits and compensation provided by the public project and its displacing public agency.  Those opportunities can include the following, with the use of relocation benefits and compensation:

  • Moving to a right-size facility and/or right location for your business
  • Replacing equipment with more productive equipment
  • Improving the flow or style of your business operations

Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities in amounts ranging from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.

Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner.  99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation.  This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.  This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.

The State of Florida relocation regulations are based on the Uniform Relocation Act.

Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005.  I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after relocating your business for a public project.

Failed Business Relocations Within Eminent Domain

In my opinion, most business failures occur, not because of inadequate relocation benefits within the URA, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner.  The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses.  Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency. 

I’ll share with you some of my methods and recommendations for achieving excellent business relocation results. My hope is for you and your business to also complete your relocation where you are in a better situation because of relocating within eminent domain and by fully using the available relocation benefits described in the Uniform Relocation Act, or the Florida relocation guidelines.

It starts with understanding some of the positive and negative influences that will impact the results of your relocation.

Factors Affecting the Level of Success for Business Relocations in Eminent Domain

Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Florida Relocation Regulations. A few of those include:

  • The particular circumstances of the real property being condemned
  • The circumstances of the business type being displaced
  • The condemning public agency’s approach to relocation
  • The ability to soften or overcome those factors listed above
  • The business owner’s approach to relocating their business.

For this discussion, I’ll focus on the business owner’s most controllable part of the process, the business owner themselves and their approach to relocating while following the URA or Florida’s regulations.

Best Practices for Eminent Domain Business Relocation Planning

For the best relocation outcome, the business owner will want to use the proper approach to the relocation process.  There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.

  1. Work with the displacing public agency as much as reasonably possible.  Take advantage of the services they offer you.
  2. Educate yourself on your relocation benefits (see my Florida Abbreviated Eminent Domain Business Relocation Compensation Regulations cheat sheet), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
  3. Avoid these common mistakes listed below and in my Top-10 business relocation mistakes when relocating within eminent domain:
    1. Denying that your business can be relocated.
    2. Denying that a certain item or items you own cannot be relocated.
    3. Not gaining ownership or control of fixtures used in your business
    4. Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
    5. Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements.  You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
  4. Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). You can use my 11-Step Business Relocation Planning as a guide for your planning. Start your planning with:
    1. Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
    2. You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
  1. Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
  2. Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
  3. File relocation claims with the displacing public agency as you incur an obligation to the costs.  File claims early and often.
  4. Relocation claims should be well described and supported.  Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
  5. Request any public agency claim denials for relocation benefits to be in writing.  Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
  6. If your business is more complicated than a small insurance or real estate office, consider talking with an eminent domain relocation consultant.

This summary of best practices for relocation planning will hopefully get you started on the right foot with your business relocation.  Business relocation planning within eminent domain is one of my favorite services I provide and topic for conversation.  Please feel free to call me to discuss your situation.

Questions and Answers on Eminent Domain and Business Relocations

If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:

  • What do you do next, starting from the point where you are in your relocation process?
  • How do you apply the best practices to your specific business relocation planning?
  • What are your eligible relocation benefits and compensation?
  • How and when do you become eligible for relocation benefits and compensation?
  • How do you prevent a loss of your relocation benefits and compensation?
  • How can you get out of a pickle in your current relocation situation?
  • What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
  • When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel

You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.

Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.

References:

Florida Relocation Assistance and Real Property Acquisition Policies

Florida State DOT Right of Way Manual FDOT

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

United States Code Title 42 USC Chapter 61

Code of Federal Regulations Title 49 CFR Part 24

How to Begin Planning Your Business Relocation in Eminent Domain – Illinois

Successful Business Relocations Within Eminent Domain

Proper planning of a Illinois business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business with the use of relocation benefits and compensation provided by the public project and its displacing public agency.  Those opportunities can include the following, with the use of relocation benefits and compensation:

  • Moving to a right-size facility and/or right location for your business
  • Replacing equipment with more productive equipment
  • Improving the flow or style of your business operations

Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities in amounts ranging from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.

Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner.  99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation.  This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.  This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.

The State of Illinois relocation regulations are based on the Uniform Relocation Act.

Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005.  I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after relocating your business for a public project.

Failed Business Relocations Within Eminent Domain

In my opinion, most business failures occur, not because of inadequate relocation benefits within the URA, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner.  The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses.  Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency. 

I’ll share with you some of my methods and recommendations for achieving excellent business relocation results. My hope is for you and your business to also complete your relocation where you are in a better situation because of relocating within eminent domain and by fully using the available relocation benefits described in the Uniform Relocation Act, or the Illinois relocation guidelines.

It starts with understanding some of the positive and negative influences that will impact the results of your relocation.

Factors Affecting the Level of Success for Business Relocations in Eminent Domain

Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Illinois Relocation Regulations. A few of those include:

  • The particular circumstances of the real property being condemned
  • The circumstances of the business type being displaced
  • The condemning public agency’s approach to relocation
  • The ability to soften or overcome those factors listed above
  • The business owner’s approach to relocating their business.

For this discussion, I’ll focus on the business owner’s most controllable part of the process, the business owner themselves and their approach to relocating while following the URA or Illinois’ regulations.

Best Practices for Eminent Domain Business Relocation Planning

For the best relocation outcome, the business owner will want to use the proper approach to the relocation process.  There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.

  1. Work with the displacing public agency as much as reasonably possible.  Take advantage of the services they offer you.
  2. Educate yourself on your relocation benefits (see my Illinois Abbreviated Eminent Domain Business Relocation Compensation Regulations cheat sheet), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
  3. Avoid these common mistakes listed below and my Top-10 business relocation mistakes when relocating within eminent domain:
    1. Denying that your business can be relocated.
    2. Denying that a certain item or items you own cannot be relocated.
    3. Not gaining ownership or control of fixtures used in your business
    4. Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
    5. Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements.  You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
  4. Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
    1. Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
    2. You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
  1. Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
  2. Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
  3. File relocation claims with the displacing public agency as you incur an obligation to the costs.  File claims early and often.
  4. Relocation claims should be well described and supported.  Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
  5. Request any public agency claim denials for relocation benefits to be in writing.  Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
  6. If your business is more complicated than a small insurance or real estate office, consider talking with an eminent domain relocation consultant.

This summary of best practices for relocation planning will hopefully get you started on the right foot with your business relocation.  Business relocation planning within eminent domain is one of my favorite services I provide and topic for conversation.  Please feel free to call me to discuss your situation.

Questions and Answers on Eminent Domain and Business Relocations

If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:

  • What do you do next, starting from the point where you are in your relocation process?
  • How do you apply the best practices to your specific business relocation planning?
  • What are your eligible relocation benefits and compensation?
  • How and when do you become eligible for relocation benefits and compensation?
  • How do you prevent a loss of your relocation benefits and compensation?
  • How can you get out of a pickle in your current relocation situation?
  • What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
  • When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel

You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.

Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.

References:

Illinois Relocation Assistance and Real Property Acquisition Policies

Illinois State DOT Right of Way Manual IDOT

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

United States Code Title 42 USC Chapter 61

Code of Federal Regulations Title 49 CFR Part 24

How to Begin Planning Your Business Relocation in Eminent Domain – Georgia

Successful Business Relocations Within Eminent Domain

Proper planning of a Georgia business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business with the use of relocation benefits and compensation provided by the public project and its displacing public agency.  Those opportunities can include the following, with the use of relocation benefits and compensation:

  • Moving to a right-size facility and/or right location for your business
  • Replacing equipment with more productive equipment
  • Improving the flow or style of your business operations

Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities in amounts ranging from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.

Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner.  99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation.  This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.  This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.

The State of Georgia relocation regulations are based on the Uniform Relocation Act.

Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005.  I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after relocating your business for a public project.

Failed Business Relocations Within Eminent Domain

In my opinion, most business failures occur, not because of inadequate relocation benefits within the URA, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner.  The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses.  Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency. 

I’ll share with you some of my methods and recommendations for achieving excellent business relocation results. My hope is for you you and your business to also complete your relocation where you are in a better situation because of relocating within eminent domain and by fully using the available relocation benefits described in the Uniform Relocation Act, or the Georgia relocation guidelines.

It starts with understanding some of the positive and negative influences that will impact the results of your relocation.

Factors Affecting the Level of Success for Business Relocations in Eminent Domain

Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Georgia Relocation Regulations. A few of those include:

  • The particular circumstances of the real property being condemned
  • The circumstances of the business type being displaced
  • The condemning public agency’s approach to relocation
  • The ability to soften or overcome those factors listed above
  • The business owner’s approach to relocating their business.

For this discussion, I’ll focus on the business owner’s most controllable part of the process, the business owner themselves and their approach to relocating while following the URA or Georgia’s regulations.

Best Practices for Eminent Domain Business Relocation Planning

For the best relocation outcome, the business owner will want to use the proper approach to the relocation process.  There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.

  1. Work with the displacing public agency as much as reasonably possible.  Take advantage of the services they offer you.
  2. Educate yourself on your relocation benefits (see my Georgia Abbreviated Eminent Domain Business Relocation Compensation Regulations cheat sheet), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
  3. Avoid these common mistakes listed below and my Top-10 business relocation mistakes when relocating within eminent domain:
    1. Denying that your business can be relocated.
    2. Denying that a certain item or items you own cannot be relocated.
    3. Not gaining ownership or control of fixtures used in your business
    4. Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
    5. Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements.  You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
  4. Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
    1. Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
    2. You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
  1. Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
  2. Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
  3. File relocation claims with the displacing public agency as you incur an obligation to the costs.  File claims early and often.
  4. Relocation claims should be well described and supported.  Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
  5. Request any public agency claim denials for relocation benefits to be in writing.  Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
  6. If your business is more complicated than a small insurance or real estate office, consider talking with an eminent domain relocation consultant.

This summary of best practices for relocation planning will hopefully get you started on the right foot with your business relocation.  Business relocation planning within eminent domain is one of my favorite services I provide and topic for conversation.  Please feel free to call me to discuss your situation.

Questions and Answers on Eminent Domain and Business Relocations

If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:

  • What do you do next, starting from the point where you are in your relocation process?
  • How do you apply the best practices to your specific business relocation planning?
  • What are your eligible relocation benefits and compensation?
  • How and when do you become eligible for relocation benefits and compensation?
  • How do you prevent a loss of your relocation benefits and compensation?
  • How can you get out of a pickle in your current relocation situation?
  • What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
  • When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel

You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.

Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.

References:

Georgia Relocation Assistance and Real Property Acquisition Policies

Georgia State DOT Right of Way Manual GDOT

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

United States Code Title 42 USC Chapter 61

Code of Federal Regulations Title 49 CFR Part 24

How to Begin Planning Your Business Relocation in Eminent Domain – Texas

Successful Business Relocations Within Eminent Domain

Proper planning of a Texas business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business with the use of relocation benefits and compensation provided by the public project and its displacing public agency.  Those opportunities can include the following, with the use of relocation benefits and compensation:

  • Moving to a right-size facility and/or right location for your business
  • Replacing equipment with more productive equipment
  • Improving the flow or style of your business operations

Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities in amounts ranging from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.

Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner.  99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation.  This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.  This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.

The State of Texas relocation regulations are based on the Uniform Relocation Act.

Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005.  I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after relocating your business for a public project.

Failed Business Relocations Within Eminent Domain

In my opinion, most business failures occur, not because of inadequate relocation benefits within the URA, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner.  The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses.  Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency. 

I’ll share with you some of my methods and recommendations for achieving excellent business relocation results. My hope is for you you and your business to also complete your relocation where you are in a better situation because of relocating within eminent domain and by fully using the available relocation benefits described in the Uniform Relocation Act, or the Texas relocation guidelines.

It starts with understanding some of the positive and negative influences that will impact the results of your relocation.

Factors Affecting the Level of Success for Business Relocations in Eminent Domain

Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Texas Relocation Regulations. A few of those include:

  • The particular circumstances of the real property being condemned
  • The circumstances of the business type being displaced
  • The condemning public agency’s approach to relocation
  • The ability to soften or overcome those factors listed above
  • The business owner’s approach to relocating their business.

For this discussion, I’ll focus on the business owner’s most controllable part of the process, the business owner themselves and their approach to relocating while following the URA or the Texas regulations.

Best Practices for Eminent Domain Business Relocation Planning

For the best relocation outcome, the business owner will want to use the proper approach to the relocation process.  There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.

  1. Work with the displacing public agency as much as reasonably possible.  Take advantage of the services they offer you.
  2. Educate yourself on your relocation benefits (see my Texas Abbreviated Eminent Domain Relocation Regulations cheat sheet), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
  3. Avoid these common mistakes listed below and my Top-10 business relocation mistakes when relocating within eminent domain:
    1. Denying that your business can be relocated.
    2. Denying that a certain item or items you own cannot be relocated.
    3. Not gaining ownership or control of fixtures used in your business
    4. Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
    5. Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements.  You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
  4. Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
    1. Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
    2. You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
  1. Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
  2. Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
  3. File relocation claims with the displacing public agency as you incur an obligation to the costs.  File claims early and often.
  4. Relocation claims should be well described and supported.  Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
  5. Request any public agency claim denials for relocation benefits to be in writing.  Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
  6. If your business is more complicated than a small insurance or real estate office, consider talking with an eminent domain relocation consultant.

This summary of best practices for relocation planning will hopefully get you started on the right foot with your business relocation.  Business relocation planning within eminent domain is one of my favorite services I provide and topic for conversation.  Please feel free to call me to discuss your situation.

Questions and Answers on Eminent Domain and Business Relocations

If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:

  • What do you do next, starting from the point where you are in your relocation process?
  • How do you apply the best practices to your specific business relocation planning?
  • What are your eligible relocation benefits and compensation?
  • How and when do you become eligible for relocation benefits and compensation?
  • How do you prevent a loss of your relocation benefits and compensation?
  • How can you get out of a pickle in your current relocation situation?
  • What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
  • When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel

You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.

Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.

References:

Texas Relocation Assistance and Real Property Acquisition Policies

Texas State DOT Right of Way Manual TXDOT

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

United States Code Title 42 USC Chapter 61

Code of Federal Regulations Title 49 CFR Part 24