- 16 - Stigmatization can cause a reduction in the value of the property even when the environmental hazards have been remediated or mitigated. See In re Custom Distribution Servs., Inc., 216 Bankr. 136, 154-155 (Bankr. N.J. 1997) (reducing fair market value of property by 20 percent to account for environmental stigma); Inmar Associates Inc. v. Borough of Carlstadt, 549 A.2d 38, 45 (N.J. 1988) (“not reasonable to conclude that contaminated property is unmarketable, but stigma of contamination and other factors suggest that capitalization rate may have to be altered to reflect condition” (citing Patchin, “Valuation of Contaminated Properties”, The Appraisal Journal 7 (Jan. 1988))). A landlord takes on much greater risk when leasing property to an independent operator of cardlocks (such as petitioner) than when leasing the same property to a major oil company, because of the difference in the lessee’s financial strength. An independent operator may not have the financial wherewithal to respond to a significant environmental problem, which would leave the landlord primarily liable for the cost of the cleanup. A landlord would thus likely require a greater return (by requiring the payment of more rent) when leasing property to a small independent operator of underground storage tanks than when leasing the same property to a major oil company. The additional credit risk assumed by a landlord leasing property to an independent cardlock operator rather than a majorPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011