Eminent Domain and Severance Damages
A common form of eminent domain condemnation occurs when a government agency takes a portion of property. For example, government agencies will take a portion of a landowner's property for street widening or highway construction projects.
How Am I Compensated When a Portion of My Property is Taken?
When a portion of your property is taken by eminent domain, you are entitled to:
- Just compensation for the value of the property taken
- Any damage to your remaining property
What are Severance Damages?
The compensation you receive for damage caused by the severing of your property are "severance damages". Generally, severance damages are the amount of damage to the remainder of your land when a portion is taken. Examples of damages include:
- Loss or reduction of access to your remaining land
- Construction, maintenance, and use of the land taken, which reduces value of your remaining land
- Aesthetic value of your remaining land is reduced because of the taking
Am I Entitled to Severance Damages?
You are entitled to severance damages if the value of your remaining land is decreased because of the taking of land. However, if the value of your remaining land stays the same because of the taking, or is increased, then you may not receive severance damages. You cannot speculate and factor in future value when computing severance damages.
Do I Need a Lawyer for My Eminent Domain Problem?
When a portion of your land is taken by eminent domain, you may be entitled to just compensation for your land and severance damages. An experienced real property attorney can review the taking of your land and advise you of your rights and remedies. A real property lawyer also can represent you in court.
Consult a Lawyer - Present Your Case Now!
Last Modified: 08-02-2012 01:35 PM PDT
Did you find this article informative?