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What is Partial Taking? A Comprehensive Legal Overview
Definition & meaning
Partial taking occurs when a government entity acquires only a portion of a property through its power of eminent domain for public use. In such cases, property owners are entitled to compensation for the value of the taken portion as well as any reduction in value of the remaining property, known as severance damages. This ensures that property owners are fairly compensated for both the loss of part of their property and any negative impact on the value of what remains.
Table of content
Legal use & context
Partial taking is primarily used in the context of property law and eminent domain. It is relevant in civil cases where governments seek to acquire land for public projects, such as roads or schools. Property owners may need to navigate legal procedures to claim their compensation, and they can utilize legal forms and templates from US Legal Forms to assist in this process.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A city plans to widen a road and needs to acquire part of a homeowner's front yard. The homeowner is compensated for the value of the land taken and for any decrease in property value due to the road expansion.
Example 2: A state government takes a section of a commercial property to build a public park. The property owner receives compensation for the taken land and any impact on the remaining business operations. (hypothetical example)
Relevant laws & statutes
In the United States, the Fifth Amendment of the Constitution provides the basis for eminent domain, stating that private property cannot be taken for public use without just compensation. Additionally, various state laws outline specific procedures and calculations for compensation in cases of partial taking.
State-by-state differences
State
Compensation Calculation
California
Considers both market value and severance damages.
Texas
Focuses on the fair market value before and after the taking.
Florida
Includes special benefits that may offset damages.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Full Taking
The government acquires the entire property rather than just a portion.
Temporary Taking
A situation where the government temporarily occupies private property.
Inverse Condemnation
When a property owner claims compensation because government action has reduced their property value.
Common misunderstandings
What to do if this term applies to you
If you find yourself facing a partial taking, it's important to:
Gather documentation of your property's value before the taking.
Consult with a legal professional to understand your rights and the compensation process.
Consider using US Legal Forms to access templates for necessary legal documents.
In complex situations, seeking professional legal help is recommended to ensure you receive fair compensation.
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