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So many questions arise when a landowner finds out that a government entity intends to condemn his or her property. When? Why? How will I get compensated? What can I do to protect my rights? There are even more uncertainties when the condemnation involves a partial taking of a larger piece of property. Landowners are often concerned about how the taking, as well the government’s underlying project, will affect their remaining property. The issues are different depending on the use of the land. The impacts to a piece of investment property, for example, may be very different from the problems created for an existing business. Although this complicated subject could fill volumes, the following overview can help landowners get acquainted with the basic principles of compensation for partial takings.
Courts have recognized that when a government entity condemns a portion of a larger piece of property, payment for the land actually taken may not adequately compensate the landowner for his or her loss. A landowner may be entitled to additional compensation for impacts to his or her remaining property, depending on the answers to two questions:
Partial takings are complex and challenging for everyone involved, including landowners, tenants, developers and appraisers. It’s crucial to take your time and think through all the ways in which a taking may affect your remaining property, because there’s only one chance at compensation. Experienced eminent domain counsel can also help assess these impacts and navigate the condemnation process to obtain your best possible outcome. So as soon as you find out that your property may be impacted by a public project, you should reach out to counsel to assess your options.
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