
What Does Damages to the Remainder Mean in Eminent Domain?
In eminent domain law, where the government or other entities have the authority to acquire private property for public use, understanding the implications of damages to the remainder and severance damages is crucial — especially as a commercial property owner. Here’s what you need to know about damages to the remainder and how they impact landowners.
Damages to the Remainder Defined
When a portion of a property is taken through eminent domain, it’s called partial taking. What remains of the property (the remainder) can be affected in several ways. Damages to the remainder refer to the decrease in the value of the remaining property that is not taken. This decrease can occur due to changes such as loss of access, interference with use, or reduced marketability of the remaining property.
Example of Remainder Property
For instance, a family may own a large tract of land used for residential and farming purposes. The government acquires a portion of this land to widen a road. The portion taken directly affects the frontage and access to the remaining land. As a result, the value of the remaining land for residential or agricultural use may decrease due to reduced accessibility or disruption of farming operations. The damages to the remainder would compensate the property owner for this loss in value.
What Are Severance Damages?
Severance damages compensate a property owner in a partial taking for damages to the remainder of their land. Severance damages recognize that the value of the remaining property can be diminished not only by the direct loss of the taken portion but also by the changes and limitations imposed on what remains. Severance damages are calculated based on various factors, such as the impact the taking has on a property’s use and the extent of physical changes to the remaining property.
How Henson Fuerst Can Help
At Henson Fuerst, we recognize the urgency of eminent domain cases and the importance of obtaining fair compensation for our clients. Our experienced North Carolina eminent domain lawyers are well-versed in assessing the full scope of damages to the remainder and severance damages. We work diligently to ensure that our clients receive just compensation that reflects the true value of their property, considering both the portion taken and the impact on what remains.
If you or someone you know is facing an eminent domain action, choose the land condemnation lawyers at Henson Fuerst for guidance and representation. We are here to help you navigate this challenging process and secure the compensation you deserve.
Contact us today by submitting a form online or calling our office at 919-781-1107 for a complimentary legal consultation.