Eminent Domain newsletter Condemnation Tax Brief · Issue of October 2026 · 3 minute read

Condemnation Tax Brief, October 2026: What Part of Just Compensation Is Taxed

What part of just compensation is taxed is the question I hear most from attorneys with a commercial client heading into settlement. The answer depends on which component of the award you are looking at, and this month covers the four business loss categories that catch clients off guard: lost profits, goodwill, relocation costs, and equipment damages. Each is compensable in many states, each is taxed differently, and the moves that decide how much of the recovery the client keeps are made before the settlement is signed.

Lost profits are ordinary income, and the election does not reach them

When a condemnation takes a commercial property and the business suffers lost profits, the compensation for those profits is ordinary income in the year of receipt. It is not a gain on property, so the Section 1033 election does not defer it, and reinvesting the money in replacement property does not change its character. The client who treats lost profits as part of the reinvestable award will owe tax on them at filing with nothing set aside. The full article explains why the IRS treats them as a substitute for income: business damages in eminent domain.

Goodwill can come back tax-free, if the facts are in place first

In states that compensate for loss of goodwill, the tax result turns on whether the goodwill was personal to the owner or belonged to the enterprise. Personal goodwill that cannot be transferred with the business is generally a return of a capital asset, not income. That outcome depends on facts documented before the settlement closes, not reconstructed afterward. The article walks through the distinction and what the tax team needs: eminent domain compensation examples for goodwill.

Relocation reimbursements are tax-free when federal money is in the project

Under the Uniform Relocation Act, a federally funded condemning authority reimburses a displaced business for moving, re-establishment, and search costs, and those reimbursements are excluded from income by statute. A purely state, local, or private taking does not carry the exclusion, and the same reimbursements become taxable. The funding source is the first question to ask. The article covers what qualifies and what does not: eminent domain compensation for relocation.

Equipment runs through Section 1245 before anything else

Money received for business equipment in a taking is a return of basis first, then ordinary income up to the depreciation already claimed, and only rarely capital gain. The ordinary income piece cannot be deferred. Inventory is ordinary income from the first dollar above cost. A global settlement figure, without an itemized breakdown, leaves the tax team room to characterize each component in the most favorable supportable way. The article lays out the framework: the involuntary conversion tax on equipment.

Case to watch: Hoffmann v. WBI Energy Transmission

The Supreme Court has granted certiorari in Hoffmann v. WBI Energy Transmission; oral argument is not yet scheduled. The question before the Court is whether just compensation under the Fifth Amendment must account for costs imposed on landowners beyond the fair market value of the property taken. For a pipeline or infrastructure file, a ruling that widens the framework would change what the award contains, and therefore what part of it is taxed.

Is there a business on the property being taken this month? A free thirty-minute call with Steve Medendorp sorts the four categories before the settlement closes.

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Talk it through with Steve. Thirty minutes, no cost, no obligation.

We are not your lawyer and we do not negotiate awards. We work the tax side, with your attorney and your CPA. If you do not need us, we will tell you.

Steve Medendorp

Steve Medendorp

Steve Medendorp has worked in title and real estate law for more than twenty years and on eminent domain matters since 2012. He is a member of The Florida Bar and does not provide legal advice through Land & Tax Strategies; he works the tax side of a taking, with the owner's attorney and CPA.

About Steve →

Land & Tax Strategies, LLC is a Florida limited liability company; Matthew Chancey is a co-founder and manager. Mr. Chancey is a Registered Representative of Crescent Securities Group, Inc. (“CSG”), Member FINRA/SIPC, and an Investment Advisory Representative of Crescent Advisor Group, Inc. (“CAG”), an SEC Registered Investment Advisor. Brokerage services are offered through CSG. Investment advisory services are offered through CAG. Neither CSG nor CAG is affiliated with Land & Tax Strategies, LLC.

Steve Medendorp is a member of The Florida Bar. He does not provide legal advice through Land & Tax Strategies, and no attorney-client relationship is created by reading this article, booking a call or sending a message.

This article is general information about tax law as of its date, not legal, tax or investment advice for any specific taking, sale or award. Property owners should consult their attorney, CPA and qualified tax advisor about their own facts. Privacy Policy · Terms of Use