Eminent Domain Partial Takings

eminent domain partial takings

Eminent Domain Partial Takings

An eminent domain partial taking occurs when the government acquires a portion of the property, not the entire parcel. The value of the land and any improvements to the land which are actually taken in an eminent domain proceeding are known as the direct damages, and the value of the remainder parcel is known as the severance damages. Numerous legal rules and valuation concepts exist in eminent domain partial takings, including but limited to the following:
The larger parcel
The three unities
Detrimental usage of the three unities
Non-conforming use
Cost to cure
Special benefits

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