Partial Taking

Partial taking refers to the acquisition by condemnation of only part of the property or some property rights. It requires just compensation to the property owner for the loss incurred.
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Definition

Partial Taking occurs when a government entity, or occasionally a private entity with government authorization, uses its power of eminent domain to condemn and acquire only a portion of a property or specific property rights, rather than the entire property. This process necessitates the provision of just compensation to the affected property owner for the seizure of the partial interest.

Examples

  1. Road Expansion: A city requires a strip of land from several properties to widen an existing roadway. Only a certain number of feet from the front yard of these properties are taken.

  2. Utility Easement: A utility company may need an easement across privately-owned land to lay underground cables. The easement represents a partial interest in the land.

Frequently Asked Questions (FAQs)

What is condemnation in the context of real estate?

Condemnation is the legal process through which a government or authorized entity exercises its right of eminent domain to forcibly acquire private property for public use, with compensation provided to the owner.

What qualifies as just compensation?

Just compensation refers to the fair market value of the property or property interest at the time of the taking. It is intended to make the property owner whole, financially, as if the taking had not occurred.

How is the compensation calculated in a partial taking?

Compensation in a partial taking case generally includes the market value of the property interest taken, plus damages to the remaining property, if applicable. Damages may consider factors such as reduced utility, aesthetics, or market value of the remaining property.

Can a property owner contest a partial taking?

Yes, a property owner has the right to contest the necessity of the taking or the amount of just compensation offered. This can be accomplished through legal proceedings.

What are severance damages?

Severance damages are compensations provided to a property owner for the decrease in value of the remaining property after a partial taking. These damages are in addition to the compensation for the part that is taken.

  • Eminent Domain: The right of a government to take private property for public use, with just compensation.
  • Just Compensation: Payment required by the Fifth Amendment to the U.S. Constitution when private property is taken for public use.
  • Condemnation: The process of legally appropriating private property through eminent domain.
  • Severance Damages: Additional compensation provided for the reduction in value of the retained property after a partial taking.

Online References

  1. Investopedia: Eminent Domain
  2. Nolo: Just Compensation in Eminent Domain Cases
  3. FindLaw: Understanding Eminent Domain

Suggested Books for Further Studies

  1. “Principles of Real Estate Practice” by Stephen Mettling, David Cusic, & Joan Sobeck
  2. “Law of Real Estate” by Charles B. Sheppard
  3. “Eminent Domain: A Comparative Perspective” by Iljoong Kim, Hojun Lee, & Ilya Somin

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