Successful Business Relocations Within Eminent Domain and the Southwest Corridor Light Rail Project
Proper planning for a business relocation within eminent domain, as with the Southwest Corridor Light Rail Project, 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, TriMet. Among the many opportunities available to your business can include the following, with the use of relocation 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 developing relocation plans for achieving those opportunities in amounts ranging from a few thousand dollars for a very small business, to as much as $34 million for a more complex business.
Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner who properly plans. 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.
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 failed business statistic, but to become a business success statistic after being relocated 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 it can receive proper reimbursements for relocation expenses. Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary for success by both the business and the public agency.
I’ll share with you some of my methods and recommendations for achieving excellent relocation results. My hope is for you and your business to also complete your relocation in a better situation by fully planning your relocation to include the full use of your available relocation benefits described in the Uniform Relocation Act.
It starts with understanding some of the positive and negative influences that will impact your relocation results.
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.
- Work with the displacing public agency as much as reasonably possible. Take advantage of the services they offer you.
- Educate yourself on your relocation benefits (see my TriMet abbreviated 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.
- Avoid these common mistakes listed below and my Top-10 business relocation mistakes when relocating within eminent domain:
- Denying that your business can be relocated.
- Not gaining ownership or control of fixtures used in your business.
- Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
- 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 Relocation Act, no matter how seemingly nonsensical they appear.
- Educate yourself on your relocation benefits (see my TriMet abbreviated 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.
- Avoid these common mistakes listed below and my Top-10 business relocation mistakes when relocating within eminent domain
- Denying that your business can be relocated.
- Denying that a certain item or items you own cannot be relocated.
- Educate yourself on your relocation benefits (see my TriMet abbreviated 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.
- Educate yourself on your relocation benefits (see my TriMet abbreviated 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.
- Educate yourself on your relocation benefits (see my TriMet abbreviated 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.
- Educate yourself on your relocation benefits (see my TriMet abbreviated 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.
- Educate yourself on your relocation benefits (see my TriMet abbreviated 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.
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 Oregon/TriMet 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 (TriMet) approach to relocation
- The circumstances of the business type being displaced
- The condemning public agency’s (TriMet) approach to relocation
For this discussion, I’ll focus on the business’s most controllable part of the process, the business owner and their approach to relocating while following the Uniform Relocation Act.
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 Martyn@MartynDanielLLC.com. 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.