May 01, 2003

Damages to the Remainder - Loss of Parking Spaces in Condemnation Actions (2003, 17:03)

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.

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