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When the government takes part of your property for a public project, most people focus on what’s being taken. But in many cases, the real financial damage lies in what’s left behind. This is where severance damages come into play, which is an often misunderstood but essential part of Florida’s eminent domain compensation structure. If only part of your land is being condemned, you may be entitled to more than the value of the land taken. You may also be owed for how the taking affects the rest of your property.
What Are Severance Damages?
Severance damages are compensation for the loss in value to the remaining property when only a portion of the land is taken. These damages recognize that even though the rest of your land isn’t physically seized, it may be left less useful, less desirable, or less valuable as a direct result of the taking. Florida law requires that these impacts be considered. Under § 73.071(3)(b), compensation must include “any damage to the remainder caused by the taking or by the construction of the project for which the property is taken.” This is not a bonus—it’s a statutory right.
Examples of Severance Damages in Real Cases
Here are common scenarios where severance damages arise:
- A portion of commercial frontage is taken for road widening, leaving the business with reduced visibility and customer utility
- A drainage easement cuts through a parcel, rendering part of the remaining land undevelopable
- A powerline corridor is added, lowering the market value of adjacent residential lots due to aesthetics or use restrictions
- The property is split into two disconnected pieces, reducing its functional utility and resale value
In each of these situations, the value of the “remainder” parcel is harmed by the taking—and that harm is compensable.
How Are Severance Damages Calculated?
Florida uses a “before and after” test. Appraisers determine:
- The value of the entire property before the taking
- The value of the remaining portion after the taking and project completion
The difference between those two values, after subtracting the value of the land physically taken, is considered severance damage. This process must consider both physical and economic impacts—changes in access, drainage, zoning potential, or development feasibility. In Dep’t of Transp. v. Nalven, 455 So. 2d 301 (Fla. 1984), the Florida Supreme Court reaffirmed that severance damages are an essential component of full compensation. Even intangible losses like noise, visibility impairment, or internal site circulation can qualify if they materially diminish property value.
What About Temporary or Construction-Related Impacts?
If construction causes temporary harm—like noise, dust, or access issues—the question becomes whether those effects are severe enough to affect property value. Florida courts have held that temporary impacts can justify compensation if they result in a measurable loss. However, speculative or minor inconveniences are not enough. The standard is whether a reasonably prudent buyer would pay less for the remainder parcel after the taking and project are complete.
Protecting Your Right to Full Compensation
Severance damages are often where the biggest disputes occur in partial taking cases. Government appraisers may acknowledge the value of the land being taken but understate or ignore the damage to what remains. As a property owner, you have the right to:
- Hire a law firm to assist you in assembling a team of experts experienced in eminent domain
- Present evidence of how the remainder is affected
- Dispute the “after value” presented by the condemning authority
- Recover your legal and expert costs under § 73.091 if your compensation exceeds the initial offer
Don’t assume the government’s offer covers everything. It rarely does.
Conclusion
When only part of your property is taken, the damage doesn’t stop at the property line. Florida law recognizes that the rest of your land can suffer—and you’re entitled to be compensated for it. If you’re facing a partial taking, ask what happens to the remainder. If it’s worth less, you deserve more.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes.