Damages to the Remainder - Loss of Parking Spaces in Condemnation Actions
Probate and Property, May/June 2003, Volume 17, Number 3
By Warren C. Herlong Jr. and J. Casey Pipes
Warren C. Herlong Jr. and J. Casey Pipes are members of Helmsing, Leach, Herlong, Newman & Rouse, P.C., in Mobile, Alabama.
Many governmental condemnations take only a portion of a landowner’s property, rather than the parcel as a whole. A highway-widening project, for example, might require only a 20-foot strip fronting the roadway. In such a partial taking situation, a landowner is typically entitled not only to the value of the property taken but also to the damages sustained by the remainder of the property because of the taking.