Defining Partial Take And Severance Damages In Eminent Domain Cases
Many residential and business property owners whose holdings are threatened by the government’s powers of eminent domain are unclear about factors such as the “partial take” and severance damages.
Does this situation describe yours? If so, we have the skilled lawyers who can help you.
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The government will often just take a portion of someone’s property, in order to
widen a road, for example. If it does not take your entire property, it is still required to pay you just compensation for the property taken, plus the diminution (if any) of value to the remainder of the property, called “severance damages.” These damages will usually include the value of the part of property taken, plus the damage to the remaining property. Depending on the circumstances, the damage to the remaining property can be quite high.