Ever wondered what happens when the government takes part of your property for a road, pipeline, or other public project? Most people know you should be paid for the land they take. But what about the value you lose on what’s left behind? That’s where severance damages come in. In this guide, you’ll learn how to prove severance damages to the remainder of your property, what evidence you need, and why getting it right can make a big difference in your compensation. If you’re facing eminent domain, this is your roadmap to protecting your rights and your wallet.
What Are Severance Damages?
When the government uses eminent domain to take part of your property, the law says you must be paid “just compensation.” But compensation isn’t just about the land they take. Sometimes, the property you keep, what’s called the “remainder”, becomes less valuable or harder to use. Severance damages are the loss in value to your remaining property caused by the partial taking.
For example, let’s say you own a corner lot, and the city takes a strip from one side to widen a street. Now, your remainder property might have less parking, a smaller yard, or lose its corner lot status. Or maybe a new highway is built close to your home, bringing noise, dust, and unwanted attention. These changes don’t affect the piece taken, they hurt what you still own. The law says you’re entitled to fair compensation for these damages, not just for the land lost.
Severance damages can apply to residential, commercial, and agricultural properties. For a business, losing part of a parking lot might mean fewer customers. For a farm, losing a strip of land could disrupt irrigation or access to fields. Even if the government only takes a narrow slice, the impact on the remainder can be significant.
Why Proving Severance Damages Matters
Getting paid for your severance damages isn’t automatic. The government might offer you compensation for the land it takes, but it doesn’t always include damages to your remainder property. If you don’t prove severance damages, you could leave thousands, or even millions, on the table.
Think about it this way: If the government takes a strip of your parking lot for a new sidewalk, your business now has less parking, and customers might stop coming. If you only get paid for the square footage taken, you’re missing out on compensation for the hit to your business’s value. The same goes for a home that’s now right next to a noisy highway. If you don’t show the loss in value, you might only be paid for the land, not for the drop in livability.
That’s why it’s so important to prove severance damages properly. The stakes are high, especially for properties with unique features or businesses that depend on location and access.
Understanding the Legal Basics
Before diving into how to prove severance damages, let’s lay out the basic legal rules. In most states, compensation in eminent domain cases covers two things: the value of the part taken, and any decrease in value to the remainder.
Courts usually look at what your property was worth before and after the taking. The difference is the total loss. If your remainder’s value drops because of new roads, lost access, or changes in use, you might have a strong claim for severance damages.
But here’s the challenge, the burden is on you, the property owner, to prove the loss. The government may argue your remaining land is just as valuable as before or even more valuable after the project. You’ll need to show clear, convincing evidence why that’s not true.
Severance damages are different from compensation for the land taken. They’re about the indirect harm, the loss in value to what you still own. Proving this often means showing how the remainder is less useful, less attractive, or harder to sell.
Common Types of Severance Damages
Not every partial taking results in severance damages. So what kinds of harm qualify? Here are some common scenarios, along with real-world examples to help you spot them:
- Loss of access:
Maybe a new fence or road makes it hard to reach your home or business. For example, if your shop was easily accessible from the main road but now customers have to take a long detour, your business could suffer. - Reduced size or shape:
The remainder is now too small or oddly shaped for its best use. Picture a rectangular lot that becomes narrow and awkward, making it impossible to build a garage or expand your house. - Noise or visual impacts:
New highways, railways, or power lines can hurt your property’s peace and quiet, or its view. A home with a backyard that once faced open fields might now look out over a busy train line. - Zoning or code problems:
The new property line creates issues with setbacks, parking, or legal use. Maybe your remainder no longer meets local requirements for building additions or even for keeping an existing structure. - Drainage or flooding:
Construction changes water flow and causes problems on the remainder. If the new road raises the grade next to your lot, you might end up with water pooling on your property after every rain. - Utility disruption:
Sometimes, taking a slice of land means water, gas, or sewer lines need to be rerouted, making maintenance harder or more expensive. - Impact on business operations:
A restaurant that loses visibility from the main street or a warehouse with new delivery restrictions can lose significant value.
If any of these sound familiar, you might have a good case for severance damages. But you’ll need evidence to back it up. Every property is unique, so the type and amount of harm can vary widely.
Gathering Remainder Damage Evidence
So how do you actually prove severance damages? It starts with strong, specific evidence showing how your property’s value has dropped. This isn’t just guesswork. Courts want facts and expert opinions, not just your word or a gut feeling.
Professional Appraisals
A professional appraiser is often your best ally. They compare your property’s value before and after the taking, looking at recent sales, market trends, and any special features. Appraisers consider how the government project changes the remainder’s use, access, and appeal.
For example, if a gas station loses half its lot and can’t fit as many cars, an appraiser might show how similar, smaller stations in the area are worth less. Or if a family home loses its view of the mountains, the appraiser may find examples of nearby homes with and without views to show the difference in price. The same goes for businesses getting cut off from main roads or losing visibility.
A good appraisal report will:
- Describe the property before the taking, including photos, maps, and a summary of features.
- Explain the changes caused by the taking, such as lost access, new noise sources, or odd lot shapes.
- Provide a before-and-after value, with an explanation of how the damages were calculated.
- Reference actual sales of similar properties to support the numbers.
Expert Testimony
Sometimes, you need more than just an appraiser. Civil engineers, land planners, or traffic experts can testify about things like new drainage problems, loss of access, or safety concerns. Their opinions help paint a clear picture for the judge or jury.
For instance, a civil engineer might explain how raising a roadbed next to your property will send stormwater onto your lawn. A land planner could show that your lot no longer meets city requirements for minimum size or setbacks, limiting your ability to build or expand. Traffic engineers can demonstrate that a new road configuration will make it harder for customers to reach your business.
Photographs and Maps
Pictures can be powerful. Before-and-after photos, site plans, and maps show exactly what changed. They help prove that your property isn’t as usable or valuable as before. For example, a photo of your quiet backyard before a new overpass went up, and another showing the overpass towering above, makes your loss clear.
You should also collect official maps showing property lines, easements, and new rights-of-way. A marked-up aerial image can quickly show how much land was taken and how the remainder is affected. If trees, fences, or landscaping are lost, document those changes, too.
Market Data and Sales Comparisons
If you can find nearby properties affected by similar projects, their sales prices can help prove your damages. For instance, if homes next to a new highway sold for less than similar homes further away, that’s strong evidence your remainder may have similar losses.
You might also look at properties that were split or made smaller by public projects in the past. Local real estate agents can sometimes provide insights into how these changes affected market value. The more specific and local your examples are, the stronger your case.
The Step-by-Step Process to Prove Severance Damages
It’s not enough to say your property is worth less, you need to build a case. Here’s a simple roadmap:
- Get a qualified appraiser to assess your property’s value before and after the taking. Choose someone with experience in eminent domain cases, not just general residential or commercial appraisals.
- Gather evidence of how the government project changes your property’s access, use, or appeal. This could include photos, maps, or even video walkthroughs.
- Collect reports or statements from engineers, planners, or other experts if needed. For more technical issues like drainage, noise, or zoning compliance, expert reports can be critical.
- Document everything with photos, maps, and market data. The more visual and concrete your evidence, the easier it is to show the impact.
- Work with an experienced eminent domain attorney to pull all this information together and present a clear, convincing claim. Attorneys know how to organize evidence, deal with government negotiators, and, if necessary, take your case to court.
Each of these steps is important. You may feel like you can do some of it yourself, but most property owners find the process complicated and stressful. Missing even one type of evidence can weaken your claim.
Real-World Example: Proving Damages in Action
Let’s look at a real-world example. Imagine a family owns a small motel on a busy highway. The state decides to widen the road and takes a 20-foot strip along the front of the property. This leaves the motel with less parking and moves the building much closer to the highway, increasing noise and making it harder for guests to get in and out.
The owners hire an appraiser who shows that similar motels with limited parking and highway noise sell for much less in the area. A civil engineer confirms that the new driveway design is less convenient and that stormwater now collects near the lobby. With this evidence, the family is able to prove not just the value of the land taken, but also a substantial decrease in the value of the remainder. Their compensation is much higher than what the state first offered.
Pitfalls Property Owners Should Avoid
Proving severance damages isn’t always straightforward. Here are a few common mistakes, along with tips to avoid them:
- Accepting the government’s offer without reviewing remainder damage evidence. Initial offers often overlook or underestimate these damages.
- Failing to hire a qualified appraiser with experience in eminent domain cases. Not all appraisers understand how to measure the impact on the remainder.
- Ignoring non-obvious impacts, like zoning changes or drainage issues, that may not show up right away. These problems can take time to reveal themselves but can have a big effect on value.
- Waiting too long to gather evidence, which can make it harder to prove your damages later. Conditions change, and memories fade, document everything as soon as possible.
- Not consulting with a lawyer who knows the ins and outs of damaged remainder claims. Lawyers can spot issues you might miss, coordinate expert testimony, and make sure deadlines are met.
You only get one chance to make your case. If you settle too soon or miss key evidence, you might not get the full compensation you deserve. Sometimes, property owners even discover new problems after the deal is done, and by then, it’s usually too late.
How an Eminent Domain Lawyer Can Help
Trying to prove severance damages on your own can be overwhelming. There are legal rules, deadlines, and technical details that can trip up even the savviest property owners. That’s where an experienced eminent domain lawyer comes in.
A good lawyer will help you:
- Understand your rights and the compensation you’re owed. Every state has different laws, and the government may not explain all your options.
- Find and hire the right experts, like appraisers and engineers. Lawyers have networks of trusted professionals who know how to build these cases.
- Gather the best possible evidence for your case. They know what courts and government agencies are looking for.
- Negotiate with the government for a fair settlement. Many claims settle before trial, but only if you’ve built a strong case.
- Go to court if necessary to fight for your full damages. If negotiation fails, a lawyer can present your evidence and argue on your behalf.
At eminentdomainlawyer.us, we work with property owners just like you every day. We know what it takes to build a strong case and make sure you’re treated fairly. Even if you’re not sure how badly your remainder is affected, an initial consultation can help you understand your options and next steps.
Frequently Asked Questions About Severance Damages
What if my property goes up in value after the partial taking?
Sometimes, a government project actually benefits your remainder property. For example, a new road may improve access and make your land more valuable. In those cases, the increase in value can offset or even erase any severance damages. The law only pays for net losses, so you’ll need to show that your damages outweigh any benefits. If the benefit is higher than the loss, you may not get any severance damages at all.
How long do I have to file a claim for severance damages?
Deadlines vary by state, but you usually have to raise the issue during the eminent domain process, not after it’s finished. If you sign the first offer or wait too long, you may lose your right to claim these damages. Talk to a lawyer as soon as you learn about the taking, so you don’t miss your chance. In some places, the window can be as short as a few weeks after you receive notice.
Can I handle a severance damages claim without a lawyer?
It’s possible, but risky. Proving severance damages requires technical evidence and a good understanding of the law. Most property owners get better results with an experienced eminent domain attorney on their side. Without one, it’s easy to overlook important evidence or fall for a lowball offer.
What kinds of properties are most affected by severance damages?
Severance damages can apply to any type of property, but commercial properties, multi-family housing, farms, and properties with unique features (like views or historic buildings) are often hit hardest. These properties rely on access, visibility, and special uses that can be disrupted by a partial taking. Even a small change can have a big financial impact.
Will the government help me figure out my severance damages?
Usually, the government’s main goal is to minimize what it pays out. Its appraisers may not look closely at the impacts on your remainder or might even argue there’s no damage at all. That’s why it’s important to do your own research and hire your own experts if possible. ## Conclusion
Severance damages can make a huge difference in what you’re paid when the government takes part of your property. But to get that compensation, you’ll need to prove severance damages with strong evidence and expert help.
Don’t leave money on the table, or risk losing out on what you deserve. If you’re facing a partial taking, reach out to an experienced eminent domain attorney to protect your rights and maximize your compensation. Contact us today to get a free case review and learn how we can help.