April 9th, 2021 — In

The Payment of Damages as Part of Just Compensation

This Article is written by Owners’ Counsel of America for general informational purposes only.  It is intended to assist landowners by providing them with some basic information about the concept of  making a “Damage Claim” in an eminent domain.  This Article is not to be viewed as providing legal advice or to be considered as a substitute for consulting with an experienced eminent domain, takings or property rights lawyer on the matters covered herein. The definition of all hyper-linked terms can be found in the Dictionary of Key Terms on the OCA Website.  Partial Taking While state laws may vary regarding how damages to an owner’s remaining property (also called the remainder or residue) are determined in an eminent domain case, most laws require that damages be made part of an owner’s just compensation if they have been proven to exist and are thereafter awarded.  In some cases, an owner’s damage claim can surpass (even to a substantial degree)  the claim of just compensation for the value of the property being taken from the owner.  Indeed, there are situations where the parties may decide to only litigate the issue of damages, having resolved the valuation issue for the property being taken. The point being made here is that damages are an important part of the just compensation issue and sometimes can be the primary source of disagreement between the parties.  Damages The purpose of damages (sometimes called severance damages or consequential damages)  is to provide compensation to the property owner for the adverse […]

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