Traditional eminent domain cases can be stressful enough, even with fair compensation. But what if the government only wants a portion of your land? How will it affect the property you have left over?
Here’s how partial taking works and how you can protect your rights as a landowner.
What is partial taking in an eminent domain process?
From the name itself, partial taking is when the government acquires only a portion of your land as opposed to the entire property in most eminent domain cases.
For example, say you own a piece of land on the side of the road with a gas station on it. Now, the city wants to expand the road into a highway to accommodate increasing traffic. Unfortunately, the expansion will take over the pump station and parking lot, but not the gas station store.
In this example, the government must provide just compensation for the space they acquire, even if it is not the whole land. This means you are entitled to receive fair market value for the loss of your property.
What if the partial taking leaves you with unusable land?
Partial taking cases are often more complex than typical eminent domain cases because they involve assessing leftover land that is unusable or significantly impractical.
Going back to the previous example, if you lose the pump area in the highway expansion, you will forfeit the majority of your profit. Even if you get to keep the store, it will be impractical for customers to visit since there is no parking lot, and the main purpose of the business no longer exists.
What happens to your compensation? In typical cases, the appraisals consider the value of the property taken and the loss of value of the remaining land. If you have an unusable or significantly impractical land due to the taking, you may also be able to pursue additional damages.
Know your rights as a property owner
Giving up a significant amount of your property can pose a lot of negative impacts on your life, finances and livelihood, which is why you might have to negotiate for a better offer.
If you are facing a partial taking case, an experienced attorney can guide you through the process. They can help uphold your rights, seek the compensation you deserve and avoid any unjust losses.
