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Severance damages in eminent domain cases consider 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 government.
- Proximity Damages in Eminent Domain
Proximity Damages in Eminent Domain. Severance Damages:...
- Proximity Damages in Eminent Domain
Jun 28, 2022 · When a portion of your land is taken by eminent domain, you may be entitled to severance damages. An experienced real estate attorney from LegalMatch can review your claim, advise you on your rights, and represent you in court.
This article will focus on the impact of the Karan decision on the measure “severance damages,” also referred to as “damages to the remainder” and how it modified the “special benefits doctrine” as well as the implications for the application of the “project influence rule” in partial takings cases going for-ward.
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.
Proximity Damages in Eminent Domain. Severance Damages: Proximity Damages. 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.
Severance damages may be awarded when a part has been severed from the whole. Stated another way, severance damages are compensation for the reduction in value to the portion of the property not taken by condemnation.
Nov 9, 2009 · For more information on Eminent Domain or Real Estate Law, contact Barry A. Ross, Esq. at 949-727-0977, or e-mail: rossbarry@aol.com; or visit our website at www.rossrealestatelaw.com. View ...
