Henson Fuerst Attorney Anne Duvoisin Fisher explains the difference between partial takings and complete takings in North Carolina eminent domain cases in this video, helping property owners understand their rights when the government takes land for public use.
What Is a Partial Taking?
A partial taking occurs when the government takes only a portion of your land, not the entire property. You still own what’s left, but the value and usability of the remaining land may be affected.
Partial takings often happen during road expansions, new highway construction, or utility line installations. In these cases, you’re entitled to compensation not just for the land taken, but also for any reduction in value to the remaining property.
Example of a Partial Taking
Project: NC Department of Transportation (NCDOT) Highway Widening
Location: Eastern North Carolina
Property Type: Family-owned farmland
NCDOT needed to widen a state highway, and as part of the project, it took approximately 2 acres from a 15-acre tract of farmland. The land taken included road frontage and part of the farm’s main access drive.
Impact:
- The farmer retained 13 acres but lost convenient road access.
- The remaining property became harder to farm and potentially less valuable for future sale or development.
- The original offer from NCDOT was $45,000, based only on the market value of the land taken.
- After legal representation and negotiation, the farmer was awarded $210,000, which included damages for lost access and the diminished value of the remaining land.
The owner retained most of the land, but the partial taking had a significant negative impact on the property’s usability and value. In eminent domain, this leftover portion is defined as uneconomic remnant – or the portion of property left over in a partial taking that cannot be developed on its own.
What Is a Complete Taking?
A complete taking happens when the government takes the entire property. You no longer own any portion of the land, and you’re entitled to the full fair market value at the time of the taking.
This typically occurs when the land is required for a large-scale project, such as a highway interchange or government facility.
Example of a Complete Taking
Project: Construction of a Highway Interchange
Location: Central North Carolina
Property Type: Commercial property with a small retail business
NCDOT identified a corner lot as the site for a new interchange. The entire parcel, including a small convenience store and parking lot, was taken through eminent domain.
Impact:
- The business had to close permanently.
- The property owner lost the entire site and building.
- Initial offer from NCDOT was $325,000.
- After legal review, attorneys helped negotiate a final settlement of $950,000, which accounted for the value of the land, the business impact, and relocation expenses.
In this case, the property owner lost the entire parcel and was compensated for the full market value and business losses.
Why Professional Legal Help Matters in Eminent Domain Cases
Partial and complete takings involve complex legal and valuation issues. Government offers are often much lower than what landowners are truly owed. Henson Fuerst Attorneys regularly assists clients facing eminent domain with fighting for just compensation for their land.
If you’re facing a land taking of any kind, having experienced legal representation can make all the difference. Contact our team of eminent domain lawyers to protect your property rights and fight for fair compensation for your land.