| Severance Damages: Understanding the Hidden Costs of Eminent Domain |
In our series on eminent domain, we’ve discussed the concept of “full compensation.” But what happens when the government only takes a portion of your property? This is where “severance damages” come into play.
What are Severance Damages?
Severance damages are awarded to compensate for the loss in value to the remaining portion of your property after a partial taking. Even if the government only takes a small part of your land, the impact on the remaining portion can be significant.
How are Severance Damages Calculated?
Determining severance damages can be complex, often requiring an expert appraisal. Here are some factors that are considered:
- Reduced size and functionality: The smaller your remaining property, the less functional it may be. This can impact its value, especially if it limits future development or use.
- Impaired use: The taking may impair the use of your remaining property. For example, if the government constructs a noisy highway nearby, it can affect the enjoyment and value of your land.
- Damage to the remainder: The construction or project associated with the taking may cause physical damage to your remaining property, such as erosion, flooding, or pollution.
Examples of Severance Damages
- A farmer loses access to irrigation water after the government takes a portion of their land for a pipeline.
- A retail store loses valuable frontage and parking spaces due to a road widening project.
- A residential property suffers a decrease in value due to increased noise and traffic from a new highway.
- A government owned retention pond causes a decrease in value due to aesthetics, engineering, or flooding issues.
Don’t Overlook Severance Damages
Severance damages are an essential part of “full compensation” in partial takings. Don’t let the government undervalue the impact on your remaining property.
Brigham Property Rights: Fighting for Your Full Compensation
At Brigham Property Rights, we have extensive experience in eminent domain cases involving severance damages. We can help you:
- Identify potential severance damages: We’ll thoroughly assess the impact of the taking on your remaining property.
- Obtain expert appraisals: We’ll work with qualified appraisers to determine the extent of your severance damages.
- Negotiate with the condemning authority: We’ll advocate for your rights and ensure you receive the full compensation you deserve, including severance damages.
If you’re facing a partial taking of your property, don’t hesitate to contact us. We’re here to protect your property rights and ensure you receive full compensation for all your losses.