Section 10.3 Damage to Business
| Library | Eminent Domain 3rd Edition 2013 |
In Arizona, evidence of business losses is inadmissible in a claim arising out of a total take.
City of Phoenix v. Leroy’s Liquors, Inc., 177 Ariz. 375, 868 P.2d 958 (App. 1993)
Likewise, damages to a business operation or to business profitability are not compensable as severance damages. However, evidence of loss of business, customers, or profits may be admissible for the limited purpose of showing a reduction in the highest and best use of the property.
State ex rel. Herman v. Schaffer, 105 Ariz. 478, 467 P.2d 66 (1970) (court may “cautiously”...
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