Aleene Madikians and I recently authored the article “Mitigating Damages—Condemning Replacement or Substitute Property” for the May/June 2024 issue of the International Right of Way Association (IRWA) newsletter, Right of Way. In the article we discuss, among other topics, severance damages from 'partial takings'.
“A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service or taking a substantial portion of a property’s parking. Severance damages often arise in ‘partial takings’ where a public agency is taking a portion of an owner’s property, leaving the owner with a ‘remainder’ parcel that may suffer a diminution in value as a result of the remainder’s being ‘severed’ from the part taken. As agencies look to get more creative in minimizing exposure to large damages claims, they will sometimes offer up mitigation alternatives, such as providing an alternative access, or new utility service, or replacement parking, with such rights being granted from an adjacent or neighboring property. These mitigation solutions, generally referred to as substitute condemnation, are often a win-win for property owners and public agencies, as a landowner is made whole, and an agency avoids a large damages claim. But can the government force another nearby property owner to give up their property rights for such mitigation solutions?”
We invite you to read the full article here.
- Associate
Aleene Madikians represents public and private sector clients through all stages of civil litigation primarily focusing on eminent domain and land use matters. She has advised numerous public agencies on complex property ...
- Partner
Brad Kuhn, chair of Nossaman's Eminent Domain & Inverse Condemnation Group, is a nationally-recognized leader in the areas of eminent domain/inverse condemnation, land use/zoning and other property and business disputes. Brad ...
Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the United States.
Stay Connected
RSS FeedCategories
- Administration
- Appraisal
- California
- CLIMATE CHANGE
- CONGRESS
- Construction
- Court Decisions
- EPA
- Events
- Goodwill
- GOVERNMENT ADMINISTRATION
- Inverse Condemnation & Regulatory Takings
- Lawsuit
- New Legislation
- Possession
- Projects
- Public Agency Law
- Publications
- Redevelopment
- Regulatory Reform and Proposed Rules
- Right to Take
- Right-of-Way
- Seminars
- Speaking Engagements and Presentations
- Valuation
- Videos
- Water