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concerned that the County might be overpaying the Hall's for a business which might be shut <br />down in a year anyway. <br />Mr. Morgenstern explained that Exxon Mobil would finance the replacement of <br />the tanks. <br />A brief discussion ensued between the Board, staff, and Administrator Baird <br />regarding the business valuation report being compiled without tax data from 2006 & 2007. <br />Attorney Barkett explained why the tax returns had not been completed; <br />declared that the lack of the 2006 & 2007 tax data did not eliminate the County's liability to pay <br />business damages; and affirmed that Mr. Morgenstern's report showed a reasonable valuation at <br />$364,050. <br />County Attorney William Collins, in response to Assistant Administrator Michael <br />Zito, explained that because the design of the road does not require the taking of the whole <br />property, it could only show the necessity of take for the portion that is necessary to do the road <br />improvements. If the County tries to claim entitlement of paying for and taking the whole, the <br />Hall's could defeat it on a Resolution of Necessity, and thus would be entitled to business <br />damages. <br />He further stated that a partial take would result in a piece of property too small to <br />have any viable use. He sought and received confirmation from Attorney Barkett, an eminent <br />domain attorney, that if a cure plan is not available for the business subsequent to the take, the <br />value of the land is typically paid for as severance damage, rather than the cost to cure by <br />rebuilding or redesigning the business. <br />40 <br />September 16, 2008 <br />