9863 West Atlantic Avenue, Inc. v. State Department of Transportation

The DOT, in this eminent domain case, took property which included the entire building in which a store was operated. On the remainder not taken there was a well which supplied water to the business. The property owner argues that it is entitled to business damages because, as a result of the well being left on the remainder, it was only a partial taking of the business. We disagree.

The business was a convenience store, and all of the building, which was where all of the business was transacted, was taken. The property owner contends that this was only a partial taking of the business,…