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Archive | Severance Damages

October 19, 2023

THE PARTIAL TAKING

Condemning authorities do not always take an entire parcel in an eminent domain proceeding.  Indeed, in the Court of Claims, the majority of the appropriation claims are partial takings arising in the context of a highway project.  Partial takings may also occur in the context of takings for sewer lines, electrical transmission lines, or as is the subject of recent nationwide proposals, pipelines. As a general rule, the measure of damages in a partial-taking case is the difference between the fair market value of the whole property before the taking… read more

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Posted in Consequential Damages, Partial Takings, Severance Damages
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September 29, 2022

Will The Texas Bullet Train Ever Be Built?

We have written about the Texas Bullet Train several times in this blog, February 28, 2017, May 21, 2020 and October 8, 2020. The project, after a decade since it was announced, is still in limbo.  This is despite a June 2022 ruling by the Texas Supreme Court allowing the company to use eminent domain to acquire its right of way. The company is in complete disarray.  The CEO resigned and the Texas Central Board disbanded.  Land acquisition has stopped for the last two years. The high-speed train that promises… read more

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Posted in Eminent Domain, Partial Takings, Severance Damages, Texas Bullet Train
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May 19, 2021

Takings for Protective Dunes from Flagler to Fire Island

Flagler County, Florida announced that it would institute a condemnation proceeding to take 2,500 square feet of sand to enable the U.S. Army Corps of Engineers to rebuild dunes along 2.6 miles of beachfront in Flagler Beach.  The dunes are expected to prolong the life of the barrier island against rising seas, especially the homes and businesses along A1A. The condemnation is necessary because the owner refused to grant an easement like 100 other property owners did. The government argues that the easement changes nothing about property owners’ rights.  It… read more

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Posted in Dunes, Severance Damages, Special Benefits
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May 6, 2021

The Condemnor’s Burden to Demonstrate “But For” To Apply The Project Influence Rule

The Third Department got it right in Matter of State of New York v KKS Properties, LLC, 119 AD3d 1033, (July 3, 2014).  KKS Properties, LLC is one of those 1033decisions that make you cringe.  An award on an appropriation claim in the Court of Claims which is lower than the advance payment resulting in a judgment in favor of the State is an outrageous outcome for a compulsory taking of one’s property.  We have often advocated that there must be a minimum of “just compensation.”  A condemnor is required… read more

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Posted in Condemnation, Project Influence Rule, Severance Damages
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May 21, 2020

Texas Bullet Train Speeds Along

We have written before about the Texas Bullet Train. (The Saga of the Texas Bullet Train, March 9, 2020). The proposed train spans a large area in Texas. It will be able to transport riders from Houston to Dallas in 90 minutes. There is strong opposition to the railroad by property owners in areas in between the cities who fear their property will lose substantial value in partial takings for the track. This is a true “consequential damage” similar to having a high voltage power line in one’s backyard. The… read more

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Posted in Bullet Train, Consequential Damages, Severance Damages
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