C-Store Valuations
Litigation Support

Litigation Advisory

C-STORE VALUATIONS LEGAL SERVICES LLC

D A L L A S,  T E X A S

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Mr. Bainbridge was a Featured Speaker at the 12th Annual 2013 CLE Eminent Domain SuperConference in Austin, Texas.  His topic was How to Correctly Appraise Convenience Stores in Condemnation”.  The unique nature of convenience store and gas station appraisals was explained, along with a discussion of the strengths and weakness of the three valuation approaches applied to these types of properties. Special location considerations for convenience retail real estate were explored along with examples of valuation resources available to appraisers.

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COMMENTS FROM ATTORNEYS
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 I would like more time with Bainbridge…

This is a huge new area, and he needed at least an hour if not two.”

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 “Very informative.” 
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Mr. Bainbridge was a featured speaker at the American Law Institute | American Bar Association 2010 "Eminent Domain and Land Value Litigation Conference".  The topic was entitled, "When Access and Use are Inextricably Tied: The Case for Greater Compensation for Convenience Outlets That Suffer Access Impairment". This presentation was rated 94% out of 100 by the attending Eminent Domain Atttorneys and conference participants.  Please click the link below to dowload a PDF file of the presentation material. 

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Please Click here to Download ALI | ABA Presentation

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Valuation and
Technical Expert Support

 

"You're being a big help, enabling us to prepare our case properly and, today at the deposition,
showing the State that their case is not properly prepared.  Thank you." 
BARRON | ADLER
EMINENT DOMAIN LAW FIRM
AUSTIN • HOUSTON
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“We settled the case yesterday. We really appreciate all of your help on this case.  

It was invaluable to us.  I look forward to working with you in the future as well.  Thanks."   

DAWSON, SODD, ELLIS & HODGE LLP

ATTORNEYS AT LAW

AUSTIN AND CORSICANA, TEXAS

   

“It was like talking to Moses  [in discussing convenience store appraisals]."

"I will recommend you to our staff.”

OFFICE OF THE ATTORNEY GENERAL

STATE OF TEXAS

TRANSPORTATION DIVISION

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We wrote the standard textbook on the appraisal and valuation
of convenience stores and gas stations.
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"Convenience Stores and Retail Fuel Properties: Essential Appraisal Issues"
 
Chapter 5, "Eminent Domain Essentials" is one of the most complete presentations
of eminent domain issues affecting convenience retail real estate ever published.
We provide expert witness and consulting services to attorneys across the United States.
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Learn more and order your copy by going to the "OUR BOOK" page.

Please Click Here To Go To The "OUR BOOK" Page.

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The primary focus of our practice is the appraisal of tangible and intangible assets of single and multi-site convenience stores and petroleum marketing properties.

We offer you our expertise in:

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·       Asset Allocation
·       Business Valuation
·       Feasibility
·       Real Property Valuation
·       Sale/Leaseback Disputes
·       Eminent Domain
·       Takings and Damages
·       Partnership Disputes
·       and Forensic Accounting and Valuation

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PUBLISHED EMINENT DOMAIN ARTICLES

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Retail Gas Properties and the Economics of Access” was published in the January/February 2010 edition of Right-of-Way magazine.  This article is an introduction to the severe economic impact of access degradation to convenience retail real estate.

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Please Click Here to Download Article

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“When the Government Takes Your Property” was published in the October 2011 edition of Convenience Store News magazine and Single Store Owner magazine.  This article argues that awards of just compensation should reflect the fact that convenience retail property suffers more than other types of real estate from access degradation.

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Please Click Here to Download Article

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LITIGATION APPRAISAL REPORT REVIEW:

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WHY YOU SHOULD HIRE US:  
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The "A-Team"
C-Store Valuations offers you the most powerful, knowledgeable and experienced valuation litigation team in the convenience retail industry. Our unique and diverse background draws on corporate real estate experience with major oil companies, acquisition and right-of-way experience with transportation departments, and the world’s most-published author of books and articles on the valuation of convenience stores and gas stations.
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Put the "A-Team" to work for you. 
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Steve Crooks
Steve has been declared an expert witness in 27 U.S. jurisdictions in regard to roadway expansions and impact to gasoline and convenience store businesses.  He has testified on behalf of private property owners in eminent domain trials for impact of loss of land, access and business operations.  Steve joined Mobil Oil Corporation in 1973 with corporate responsibilities in retail marketing, site selection, site management of corporate owned convenient stores and gasoline facilities, gasoline and convenient store distributor business advisor. 
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Steve joined BP Oil Company in 1989, supervising all BP corporate owned Washington State gasoline and convenience store locations.  At the corporate headquarters in Cleveland, Ohio, Steve assumed duties in the Real Estate division for case management of all on-going and potential eminent domain cases for retail and terminal properties.  When BP acquired Amoco sites in the mid-west and Arco on the west coast, Steve assumed management for entire portfolio of condemnation cases both on-going and potential takings throughout the U.S.  Case load was approximately 250 cases. 
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Steve is currently under contract with ExxonMobil for cases in New York, BP on the West Coast and independent Chevron and Shell dealers in the greater Seattle area. 
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Paul Sander
Paul recently retired from the Michigan Department of Transportation (MDOT) with a career spanning over 35 years. Paul was involved in construction, planning, traffic and safety.  Paul was a technical supervisor and the Appraisal Section Manager in the Metro Region Real Estate Division.  Paul was responsible for right-of-way estimates, right of way/access conflicts and other mitigation on all state highway projects in the Metropolitan Detroit area. 
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Paul was also the Secretary for Chapter 7 and is a certified Senior Member of the International Right of Way Association (IRWA). 
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Robert E. Bainbridge
Bob is an MAI appraiser and the author of the Appraisal Institute’s textbook, Convenience Stores and Retail Properties Essential Appraisal Issues, the standard industry textbook on the valuation of convenience stores and retail fuel properties.  He has also authored valuation-related books for Royal Dutch Shell (Shell Downstream) and the Appraisal Institute’s, “Appraising Convenience Stores” seminar. Bob's articles on the appraisal of convenience stores and gas stations have appeared in The Appraisal Journal, Valuation magazine and Right-of-Way magazine.  He writes a column on real estate-related issues for Convenience Store News magazine, the convenience industry’s largest-circulation trade magazine.  Published works are recongnized by the courts as the qualifications of an expert.  In private practice for over 30 years as a fee appraiser, Bob has completed valuations on a wide variety of property types, including hundreds of convenience stores and gas stations.
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Bob frequently consults and advises attorneys concerning the disputed area of the allocation of intangible asset earnings for gas stations and convenience stores.  
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Repository and Library
C-Store Valuations maintains the world’s largest repository of articles, reference works and publications on topics covering the appraisal and valuation of convenience stores and retail fuel properties.  This material is cross-referenced and indexed for specific subject matter related to all aspects of appraisal and case law, including eminent domain, intangible asset earnings allocation and valuation of the real property. These sources provide efficient industry-recognized documentation for issues, questions and positions regarding the appraisal of convenience stores and gas stations.   
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Computerized Data Bank
Our computerized data bank of over 300 questions for deposing and cross-examining expert witnesses in the appraisal and valuation of convenience stores and retail fuel properties is an on-going collection of knowledge and insight into successful convenience store property litigation.  These in-depth questions cover industry standards, trade area analysis, the cost, sales comparison and capitalized income approaches.  Each new case benefits from this accumulated storehouse of experience from all previous cases.  
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Sales and Operating Data
Hundreds files are maintained on the sales and operations of convenience stores and retail fuel properties across the United States, especially unusual and difficult-to-value properties.  This resource is continuously updated from a variety of sources.    
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The sections below describe how our litigation advisory services may help you:
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ATTORNEY AND LITIGATION ADVISORY
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Under the Uniform Standards of Professional Appraisal Practice (USPAP), state-certified appraisers may act in the role of:
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XXXA.  an Independent Valuer, or
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XXXB. a Subject Matter Expert that advocates for the client’s interest;
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but may not act in both roles at the same time. The role must be clearly identified to all parties at time services are engaged.
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A. As an Appraiser:
We provide independent, third party opinions of value (appraisals) for real estate, equipment and intangible business value associated with operating and non-operating convenience stores. These are USPAP-compliant appraisal reports admissible as evidence in all courts of law. Our particular expertise in trade area analysis and site assessment for convenience retail concepts makes us effective at identifying alternative uses, when necessary. A state-certified general appraiser license is required in all 50 states for the appraisal of the real estate associated with convenience stores and gas stations. We maintain these certifications.
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B. As a Subject Matter Expert Consultant-Advocate:
We provide advice and assistance with case evaluation where we help you identify the strengths and weaknesses of your client’s position in the area of valuation disputes concerning convenience stores and gas stations. We begin by reviewing your summary of the case and any background documents, such as past appraisals, that have already been prepared.

We can assist you coordinating the work of other valuation team members, such as independent real estate appraisers and business appraisers.

Preparing the deposition for expert witnesses involved in valuation disputes concerning gas stations and convenience stores is a very specialized area of valuation expertise. We can assist you preparing effective, probing questions for deposing the opposing witnesses.

We can advise you on pre-trial settlement and arbitration.

Let's Get Started

You may use the form below to quickly provide background information to us.  Please be as complete as possible.  You may click the SUBMIT BUTTON below to send the information electronically, or print and fax the form to (541) 823-0079.

You will receive a quick response.

ADVISORY REQUEST FORM
Contact Information:
First Name:
Last Name:
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Telephone:
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Mailing Address:
Case Summary Information:
Your Case/File Number:
Plaintiff:
Defendant:
Approaching Critical (Hard) Dates:
Jurisdiction:
Case Summary-
Statement of Point of Contention:
Any Existing Appraisal/Expert Reports Prepared for Either Side (by Whom?):
Preliminary Estimate of Damages:
How Did You Hear About Us?
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Our initial case review is usually free of charge.

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