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The damages that property owners are entitled to receive under the rules of eminent domain law are based on a term that’s called highest and best use. Highest and Best Use is defined as the use for a parcel of property that produces the highest value for that property in the marketplace. Eminent domain law dictates […]
Transcription of the Video: Hello, everyone. We’re continuing our discussion about severance damages and the concept I’d like to discuss at this time is really a strategy concept addressed to individuals who have a remainder parcel that for whatever reason, they just simply do not want to own any more after the taking has occurred […]
Severance damages play an important role in the valuation process because they are not always obvious and they can produce a significant amount of just compensation for a property owner. As a reminder, severance damages relate to the loss of value to the remainder (portion of property left after the taking) above and beyond the value […]
Severance damages play an important role in the valuation process because they are not always obvious and they can produce a significant amount of just compensation for a property owner. As a reminder, severance damages relate to the loss of value to the remainder (portion of property left after the taking) above and beyond the […]
Severance Damages: Loss of Parking We’re going to discuss the concept of loss of parking and its impact on severance damages. As a reminder, severance damages relate to the loss of value to the remainder (portion of property left after the taking) above and beyond the value of the land and structures taken by the […]
We discussed loss of access and how it affects the total amount of just compensation that a property owner can receive when property is acquired by a condemning authority. As a reminder, severance damages relate to the loss of value to the remainder (portion of property left after the taking) above and beyond the value of […]
When determining damages in an eminent domain taking, one must consider direct damages, the value of the land and any improvements to the land which are actually taken by a governmental entity in an eminent domain proceeding; and severance damages, the loss of value to the remainder (portion of property left after the taking) above […]
We’ve been discussing Project Influence Rule in just compensation eminent domain claims. As a quick review, the project influence rule basically states that any damages you incur in an eminent domain case cannot be influenced by the project itself. In the video below, Dan Biersdorf explains future right of way set-asides. Increasingly we are seeing state […]
In the video below, Dan Biersdorf discusses the Project Influence Rule and Condemnation Blight in Eminent Domain For determining damages in eminent domain claims, there is a concept called the project influence rule that exists in all states; either spelled out in their statute or stated through case law. The project influence rule basically states […]
Pipeline Easements and Projects Growth and urbanization throughout the country create unprecedented demand for all types of energy and infrastructure projects. Utility companies typically have the power of eminent domain to acquire property for their infrastructure projects (pipeline projects, transmission lines) if negotiations with landowners cannot be reached. Few issues evoke such strong opposition as […]