When The Government Takes Only Part Of Your Land In Eminent Domain
When people think of eminent domain, it usually involves the government taking over entire parcels of land to build a park, road or another project to benefit the public. However, not all eminent domain cases involve the taking of someone’s entire property. In many cases, the government only needs part of the property. In such cases, the owner can seek compensation not only for the part of the property being taken, but also the damage that taking cases to the property left—the remainder. These situations require the assistance of an experienced legal team.
At Palmieri, Hennessey & Leifer, LLP, we represent individuals and businesses in all types of eminent domain matters. Our focus on eminent domain and related matters, our decades of legal experience and our team-oriented approach help us provide comprehensive legal coverage to our clients in cases involving partial taking and severance damages. In Irvine, Southern California and throughout California, our lawyers have helped countless businesses and individuals obtain maximum compensation for the loss of property and damages in eminent domain.
When the government takes part of your land, you still have the right to obtain just compensation for your land, which is determined generally by the fair market value of the property. The determination of compensation for the section of property taken is the same it would be if the entire plot of land was taken. You are entitled to be compensated for the actual land taken.
Severance damages are where things get more complicated. The taking of the actual land is one thing, but severance damages are a separate consideration to compensate you for the loss of value to the property that remains in your possession. Severance damages can include:
- Loss of value: This is called proximate damages. If the remaining property would retain a higher value without the government taking, the measure of proximate damages is the difference between the higher value and the new value after being reduced as a result of the taking.
- Loss of access: This is an obvious area of damages. If the government takes the entire front portion of your property that connects it to the only available roadway, you lose access to your property, greatly reducing its value. There is also a chance to obtain compensation for loss of reasonable access if you still can access your property but the means remaining to do so are unreasonable.
- Loss of parking: Although this is a factor for both individuals and businesses, it is often more of a concern for business
- Remnants that cannot be used: There could be parts of your remaining land that can no longer be used or developed as a result of the taking. These are called uneconomic remnants.
These are some of the losses and damages for which you can obtain compensation in a partial taking. Our attorneys have the knowledge and experience needed to get you the full measure of compensation to which you are entitled.
Contact Our Team For A Free Consultation
It is best to not wait. As soon as you have reason to suspect that a government taking is imminent, talk with our lawyers. We can do the initial investigations and negotiations to help make sure your rights are protected and that you obtain the compensation you deserve. Call us at 949-652-2622 or email us to schedule a free initial consultation.