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When a government agency such as the Department of Transportation proposes a project for public use or that benefits the public in any way, it may use its eminent domain authority to take private land necessary for the completion of the project while providing compensation for the landowners. But what happens if the government only wants a portion of your land? Learn how partial taking works and see why hiring an attorney may be crucial to defending your rights as a landowner.
What Is a Partial Taking in an Eminent Domain Case?
A partial taking occurs in eminent domain cases when the government acquires only a portion of a private property rather than the entire parcel. This typically happens when the government needs land to complete a public project, such as a roadway, utility installation, or other infrastructure improvements.
For example, consider a property owner with farmland adjacent to land purchased by the city for a new high school. To improve access for students, parents, and staff, the city may need to construct an access road connecting the school to a main roadway. If the project requires using a strip of the farmland for the road, the city could exercise its eminent domain authority to acquire only the portion of the land needed, leaving the remainder with the original owner.
While only part of the property is taken, the property owner is entitled to just compensation. This includes payment for the value of the land taken and any reduction in value to the remaining property caused by the taking. For instance, if the access road diminishes the usability, privacy, or value of the remaining land, these impacts may also warrant additional compensation.
Partial takings can present unique challenges for property owners, as they must balance losing a portion of their property with ensuring they receive fair treatment in eminent domain cases. At Hansen, Howell, and Wilkie PLLC, we assist clients in navigating these situations to protect their rights and pursue fair outcomes.
What Happens if I Am Left With an Unusable Portion of Land After a Partial Taking?
In some cases, a partial taking may negatively impact the landowner by leaving behind a portion of the original property that is impossible to use for any practical applications. This can happen if the patch of land left behind by the government is too small or is configured in a way that does not allow for any type of development. This leftover land is referred to as an uneconomic remnant.
For example, let’s go back to our imaginary school construction project. After starting the school building construction, the government agency decided it would be beneficial to expand their project to include a gym and sports fields for the students, which would require taking a significant portion of your land, including your access to the main road. This would leave you with just 10% of your original property and no roadway access, making the leftover land an uneconomic remnant that has no practical purposes.
How Will the Value of My Property Be Determined if the Government Is Only Taking a Portion of It?
Determining the value of a property in a partial taking involves more complexities than assessing the value of an entire property. The calculation must account for the value of the land taken as well as any impact the taking has on the remaining property. Here’s how this process typically works:
Evaluating the Land Taken
The first step is to establish the fair market value of the portion of the property acquired by the government. This value reflects what a willing buyer would pay a willing seller for that portion under normal market conditions.
Assessing the Remaining Property
In addition to valuing the land taken, the remaining property, or “remainder,” must be evaluated for any loss in value caused by the partial taking. This could include:
- Reduced access to the property.
- Loss of privacy or aesthetic appeal.
- Functional limitations, such as restricted land use.
Severance Damages and Uneconomic Remnants
If the remaining property is significantly diminished in value or usability, it may qualify as an uneconomic remnant. In such cases, the owner may be entitled to severance damages. This compensation includes the loss in value of the remaining property in addition to the value of the land taken.
At Hansen, Howell, and Wilkie PLLC, we understand the challenges property owners face in eminent domain cases. Our goal is to ensure that just compensation reflects not only the land acquired but also any financial losses tied to the impact on the remaining property.
When Should I Speak to an Eminent Domain Lawyer?
In many partial taking cases, the method used to appraise the land may not truly reflect the negative impact of being left with an unusable patch of land. In this case, the landowner may be able to negotiate a better offer with the government, but this process is not simple and requires the help of a skilled attorney to help you prove your case.
Contact Us Today
At Hansen, Howell & Wilkie, PLLC, our attorneys have helped countless property owners to protect their rights to just compensation after having a portion of their land taken by the government. Our attorneys have the legal knowledge to navigate eminent domain cases of any complexity.
Contact our firm at 919-256-5266 to discuss your case and learn how we can help.
