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ATTACHMENT 5 <br />Code of Civil Procedure Section §1263.510 Loss of Goodwill Compensation Basis: <br />(a) The owner of a business conducted on the property taken, or on the remainder if such property <br />is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of <br />the following: <br />(I) The loss is caused by the taking of the property or the injury to the remainder. <br />(2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and <br />adopting procedures that a reasonably prudent person would take and adopt in preserving the <br />goodwill. <br />(3) Compensation for the loss will not be included in payments under Section 7262 of the <br />Government Code. <br />(4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to <br />the owner. <br />(b) Within the meaning of this article, "goodwill' consists of the benefits that accrue to a business <br />as a result of its location, reputation for dependability, skill or quality, and any other <br />circumstances resulting in probable retention of old or acquisition of new patronage <br />I AM A VETERAN, HOW ABOUT MY GI LOAN? <br />After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI <br />loan to purchase another property. Check on such arrangements with your nearest VA office. <br />MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY <br />CAPITAL GAINS TAX ON THE INCREASE? <br />In most cases when the City acquires real property by condemnation or the threat of <br />condemnation, the property owner may defer the payment of Federal capital gains taxes on profit <br />from the sale under certain circumstances. <br />Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is <br />available from the IRS. It explains how the Federal income tax would apply to a gain or loss <br />resulting from the condemnation of real property or its sale under the threat of condemnation for <br />public purposes. <br />To fully understand the income tax consequences relating to the condemnation of your property, <br />you should consult with your personal tax advisor. <br />75R-42 <br />