Lessons in Eminent Domain for QSRs: Visiting Chick-fil-A Corporate
- By Sophia Holley
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For nearly a decade, I have represented some of the world’s most successful fast-food restaurants, known in the real estate industry as quick-service restaurants (QSR’s), in eminent domain and land use matters. This work adds to several decades of customer experience in QSRs, and a brief, region-leading stint in high school as a drive-thru employee in my hometown of Louisville, Kentucky.
I recently met with one of my clients, Chick-fil-A, at its corporate headquarters in Atlanta, Georgia. My visit to Chick-fil-A headquarters mirrored my positive experiences in the restaurant; this is a business that is passionate about what it does, and that passion shines throughout the business (fun fact: you can visit the Chick-fil-A headquarters through the Chick-fil-A Backstage Tour — I highly recommend it!).
Unlike the uniform consistency of QSR experiences, real estate is incredibly unique. Virtually no land parcel is like another. There are zoning factors to consider, including setbacks, signage, landscaping, and a host of other impositions on site development. Other governmental regulations can impact a property in terms of traffic and utilities. Easements and restrictive covenants from yesteryear can live on, perhaps in perpetuity. The list of property-specific nuances goes on.
One of the things I enjoy about representing my QSR clients is analyzing and appreciating how condemnation (aka “appropriation” aka “eminent domain”) can impact the property, and how to best mitigate this impact.
Just as the government has the right, in some instances, to take property for eminent domain, the property owner has the right to receive just compensation for the appropriation.
There are strategies and positions a property owner can take in eminent domain litigation to benefit the site. These are strategies that can be discussed and evaluated with an eminent domain attorney.
I enjoy visiting QSRs with my family, and want other people to enjoy them, too. I also enjoy litigating eminent domain cases, which led to the start of Holley Law. Life is short, and enjoying what you are doing brings out the best in you and others. In a similar vein, and in the words of the cows, “IT’Z TIME 2 PLAY[!]”.
