Ever wondered what happens if the government only takes part of your property, not the whole thing? When this happens, you might still lose value in what remains. That loss is called severance damages. In this guide, you’ll learn how to prove severance damages, what counts as evidence, and how to protect your rights if your property is affected by eminent domain.
What Are Severance Damages?
Severance damages are the reduction in value to the part of your property left behind (the remainder) after the government takes a portion. For example, if your land is split and a new road cuts through it, the leftover pieces might be worth less because they’re harder to use, sell, or access. Sometimes, the remainder is an odd shape, or access to a main street is blocked. These changes can make it tough to run a business or even live on the property as before. Proving these damages is key to getting fair compensation.
You want to show what the property was worth before and after, highlighting exactly how the government’s action made things worse.
Why Proving Severance Damages Matters
Let’s say the government only takes a strip of your land, but now your building is too close to the road or your business loses parking. That leftover land, the remainder, could be less valuable. If you don’t prove severance damages, you might not get paid for this hidden loss. So showing the true impact on your property can mean thousands of dollars difference in what you receive.
It’s especially important because government offers often focus on the part they’re taking, not the harm to the rest. Imagine a store that loses its main parking lot. Even if the building isn’t touched, the business might lose customers, and the property’s market value drops. If you can’t prove this, the loss comes out of your pocket.
Key Evidence Needed for a Damaged Remainder Claim
To prove severance damages, you’ll need clear, convincing evidence. Here’s what typically helps:
- Appraisals from a qualified property appraiser. The appraiser estimates your property’s value before and after the taking. The difference is often your strongest proof. A good appraiser will look at recent sales of similar properties and adjust for factors like location and new limitations.
- Photographs and maps show changes in access, layout, or neighborhood. For example, a map might reveal how a new highway splits your property in half, or how your main entrance is now blocked.
- Expert testimony from engineers, land planners, or real estate professionals. They can explain how the remaining land is less useful or harder to develop. For instance, an engineer might show why a new water line makes building on the rest of your land impossible.
- Documentation of zoning or use changes. If the taking makes it harder to use your property as you did before, written proof helps your claim. Maybe the city rezones your land because it’s no longer big enough for your business or home, and you have letters or notices to back this up.
Each case is unique, so the exact evidence you’ll need may vary. The goal is to show a clear connection between the government’s action and the loss in value. For example, if your farm loses its irrigation system because of a new road, include repair estimates, before-and-after photos, and expert opinions to explain the loss.
Common Types of Remainder Damages
Not all damages are obvious. Here are a few ways the remainder can be harmed:
- Loss of access. If a new road or barrier cuts off your driveway, customers may stop coming. It could also mean you have to drive an extra mile to reach your own house.
- Odd shapes or smaller parcels. If your land is divided, the leftover pieces may be too small or awkward to use well. A rectangular lot might turn into a triangle, making building or farming difficult.
- Noise, dust, or visual impacts. A new train line or highway next door can make homes or businesses less appealing. For example, a quiet backyard could now border a busy road, reducing the peace and privacy you once had.
- Changes in zoning or permitted uses. A taking might trigger new restrictions that limit what you can do with your property. For instance, if the remainder is smaller than zoning rules allow for building, you might not be able to add a garage or expand your business.
If any of these apply to your situation, you likely have a strong case for severance proof. Always look at how the property’s use, value, and appeal have changed. Sometimes, damages show up over time, like a business that slowly loses customers due to a new barrier or lost parking.
The Process to Prove Severance Damages
The process starts as soon as you learn about the taking. Here’s a typical path:
- Consult with an eminent domain lawyer. They’ll help you understand your rights and assess the potential for damages. Lawyers can also spot damages you might not have thought of, like drainage issues or future building problems.