Strip malls are the backbone of local commerce. Whether you own the center or operate a business inside it, any government taking—large or small—can disrupt income, foot traffic, tenant stability, and long-term property value. And if you’re facing a taking, you already know: the government’s “initial offer” rarely comes close to covering the real losses.
Strip malls have unique vulnerabilities that many agencies overlook. I don’t.
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Strip malls are fragile ecosystems. One change—access, parking, traffic flow, signage visibility—can ripple through the entire center.
Losing even a few spaces can:
• Reduce customer convenience
• Eliminate ADA spots
• Force tenants to violate lease parking minimums
• Collapse anchor-tenant foot traffic
• Trigger co-tenancy clauses
Parking reductions are among the most common—and most disputed—sources of severe business damages.
If the government moves your entrance 100 feet… or makes it right-turn only… or eliminates it entirely… your tenants will feel the impact immediately.
Reduced visibility + harder access = lost sales, lost leases, lost stability.
For strip malls, signage is survival. Anything that blocks or reduces visibility—utility installations, roadway re-alignment, median construction—can destroy tenant traffic.
These losses are compensable, but only if someone knows how to document and prove them.
When only part of a strip mall is taken, the remaining center frequently drops in value. This is called severance damages, and in many cases, these damages are far larger than the portion actually taken.
Examples include:
• Parking ratios dropping below code
• Required stormwater or retention loss
• Setback violations
• Loading zone elimination
• Reduced rentable square footage
• Disturbed tenant mix
Without an experienced eminent domain lawyer, these damages go unnoticed—and unpaid.
Tenants in strip malls have some of the strongest business-damage claims, but only in partial takings and only if properly documented.
These losses often include:
• Reduced foot traffic
• Reduced visibility
• Loss of access
• Loss of signage
• Construction impacts
• Lost customers or contracts
• Increased costs to operate or relocate
I work closely with business-valuation experts to calculate and defend these claims.
Owning a strip mall means juggling:
• Multiple tenants
• Rent rolls
• CAM charges
• Long-term leases
• Anchor-tenant dependencies
A taking can trigger:
• Rent reductions
• Vacancies
• Lease defaults
• Increased cap rates
• Reduced property value
• Difficulty refinancing or selling
The government rarely acknowledges these ripple effects. I make sure they are accounted for and paid.
Most tenants don’t realize they have compensable rights—even if they don’t own the building.
Tenants may recover for:
• Business damages
• Loss of goodwill
• Relocation expenses
• Cost to rebuild improvements they paid for
• Specialized buildouts
The government often must pay both the owner and the tenant—but only if claims are properly filed and supported.
Judges have said:
• “Mr. Nation has an impeccable reputation for competence, diligence, and professionalism.”
• “The Court is aware of Mr. Nation’s reputation for competence, diligence, and professionalism in the legal community.”
• “The skill, expertise and efficiency… was exceptional… clearly within the top five percent of all attorneys this Court has ever had before it.”
• “A high degree of skill was required… Mr. Nation’s significant and particular skills were necessary to properly present and try this case.”
• “He was presented with a sow’s ear and made it into a silk purse.”
Those observations matter, because strip mall cases require:
How I Am Paid
This is simple—and important.
In almost all eminent domain cases, the government must pay your attorney’s fees and costs.
You do not pay me out of your recovery.
That means:
• No hourly fees
• No contingency fee taken from your compensation
• No financial risk to you
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