Quote Originally Posted by mugofbeer View Post
Wouldn't this fact invalidate any claim from Cusack that the value of that parcel is remotely close to the amount being asked?
Not necessarily. maybe a lawyer can clarify this better or set me straight, but municipal takings like this one are different than State takings (ODOT, OTA, etc.). O.S. 11, Section 22-104 says

Every municipality shall have the right to: . . . 3. Exercise the right of eminent domain for any municipal purpose, within or without its corporate limits, and to establish, lay, and operate any plant or pipeline upon any land or right-of-way taken pursuant to eminent domain. Any business or profession which is affected by the right of eminent domain as exercised pursuant to the provisions of this section shall be considered as a property right of the owner thereof and proper allowance therefor shall be made; (Bold for emphasis)

In takings by the State, damages to the business are not compensatory. Therefore, it is my understanding in this instance, if Cusack's has a good argument that their business is damaged or rendered unfeasible at that location, it is less about the value of the real estate. Rather, what is the cost to cure the existing building deficiencies or relocated the business to a substitute property with equal utility on top of compensation for a loss of business income.