Kimbel L. Merlin
Gaylord Merlin Ludovici Diaz and Bain

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    Gaylord Merlin Ludovici Diaz and Bain

    Case Notes - Pipeline Easement Taking

    Gaylord Merlin represents land and business owners when their property is taken.

    Beachwalk Shopping Centre shopping center property

    Initial Offer : $790,268
    Final recovery: $3,500,000

    Case Notes

    • Taking by the State of Florida Department of Transportation of 30,872 square feet from 8.88 acre improved shopping center property along Front Beach Road and Thomas Drive in Panama City, Bay County.
    • Taking resulted in placement of property on drastically inferior one-way frontage road system due to construction of elevated by-pass and flyover, together with a system of "Texas U-turns," to facilitate high speed, non-stop traffic.
    • Taking resulted loss of immediate access, requiring drivers to turn 2,550 feet (westbound drivers) and 3,900 feet (eastbound drivers) prior to reaching the property.
    • Taking eliminated 46% of visibility (eastbound drivers) and 39% of visibility (westbound drivers) of property.
    • Taking and its impacts reduced the remainder to a less intense commercial use.
    • The Department did not value all severance damages resulting from the taking, including the inferior access and the loss of visibility.
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