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Property Owners › Severance Damages

Ackerman & Ackerman, P.C.

Condemnation of Property Left Without Value or Utility: Total Takings Under Remnant Property Statutes

Ackerman & Ackerman, P.C. on

A central issue going to both the valuation of damages and the extent of a taking in eminent domain cases is whether the government or utility is required to take an entire parcel, beyond just a portion that may be required...more

Nossaman LLP

Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain

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The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more

Nossaman LLP

What Constitutes a “Larger Parcel?”

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In California, a fundamental principle of eminent domain law is that an owner of property acquired by eminent domain is entitled to just compensation for the property interests taken (Code Civ. Proc. §1263.010)....more

Nossaman LLP

[Webinar] Partial Acquisitions: Project Benefits and Mitigation Strategies Related to Offsetting Severance Damages - November...

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Please join us on November 16, 2022, from 1:00 to 2:00 p.m. PT for "Partial Acquisitions: Project Benefits and Mitigation Strategies Related to Offsetting Severance Damages." Nossaman’s Bernadette Duran-Brown and Aleene...more

Nossaman LLP

On-Demand Webinar | Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies

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Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to...more

Nossaman LLP

[Webinar] Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies - August...

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Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to...more

Nossaman LLP

Unpublished Decision Looks at Valuation Methodologies

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In Freeport Reg’l Water Auth. v. M&H Realty Partners VI, L.P., 2019 Cal. App. Unpub. LEXIS 6126 (Sept. 16, 2019), the court walked through a complicated fact pattern involving – in its simplest form – a 40-foot easement for...more

Nossaman LLP

Court Holds Agency Appraiser Not Required to Identify Specific Damages When Outweighed by Project Benefits

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In an eminent domain proceeding, the property owner and the condemning agency each typically introduce evidence of just compensation through valuation experts. The jury is then required to render a verdict in between the...more

Schwabe, Williamson & Wyatt PC

Condemnation Risk Planning: Denial Is Not A Strategy

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In the past, few Puget Sound property owners or their business tenants would have given a moment’s thought to identifying contingencies for the prospect of a condemnation. Today’s environment is very different. Sound Transit...more

Nossaman LLP

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

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For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more

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