Partial taking is when the government takes only a portion of your land or property rights for public use, rather than the entire property. Just like total takings where the government acquires the whole land, you deserve just compensation for a partial taking.
However, a partial taking can make it difficult to know what compensation is “just.” This is especially true if it leaves the leftover land unusable.
If you are facing this issue, here is what you need to know to ensure you receive fair compensation.
Compensation will need to account for damages to the remaining land
In most total takings, the government pays for the value of the entire property. Partial takings, on the other hand, often require more consideration to calculate just compensation.
For example, the government’s appraisal will need to consider:
- Severance damages: These are additional damages paid to compensate for any decrease in value to the leftover property.
- Cost-to-cure damages: If the partial taking leads to necessary modifications, such as relocating driveways or utilities, the government may need to compensate for them.
- Loss of access: An increase in compensation may be necessary if the partial taking affects access to the remaining property.
- Impact on business operations: If you own a business property, you can fight to include losses due to business interruption or relocation to your compensation.
Essentially, the government should compensate you for the land they take as well as the financial impact on your remaining property.
A partial taking can leave your land unusable
Suppose you own a convenience store on a corner lot. The city needs to widen the intersection and take a large portion of the store’s front area, including most of its parking spaces.
While the store remains untouched, the partial taking leaves such a small area for parking and customer access that your business can no longer operate profitably. The remaining land, although still under your ownership, has become an uneconomic remnant.
In simple terms, an uneconomic remnant is a piece of leftover land that is too small, oddly shaped or poorly located to serve any practical or economical purpose. In such cases, negotiating for a larger compensation may be necessary to reflect the taking’s true financial impact.
Do not accept an unjust offer
Even if the government only takes a portion of your land, you deserve compensation that will account for all your losses—not just the land you give up. An eminent domain attorney can help you seek fair compensation, negotiate and uphold your rights during the process.