SEVERANCE DAMAGES--NOISE. INCONVENIENCE, ETC.

A SUMMARY OF COURT DECISIONS, AFFECTING SEVERANCE DAMAGE TO THE CONDEMNEE, WHERE ONLY A PORTION OF HIS PROPERTY IS TAKEN, IS PRESENTED. THE CONDEMNEE IS GENERALLY ENTITLED TO COMPENSATION FOR DAMAGES TO THE REMAINING PORTION OF HIS LAND IF THERE IS A DIMINUTION IN THE MARKET VALUE OF THE REMAINING PROPERTY. HOWEVER, COURT DECISIONS DIFFER IN THE APPLICATION OF THE AFFECTING FACTORS, WHICH INCLUDE: (1) LOSS OF PRIVACY, VIEW, AND BREEZE, (2) NOISE, (3) VIBRATIONS, AND (4) INCREASED TRAFFIC. THE DECISIONS WERE WRITTEN IN THE STATE COURTS OF LOUISIANA, MISSOURI, SOUTH CAROLINA, WASHINGTON, KENTUCKY, GEORGIA AND ILLINOIS AND THE U.S. DISTRICT COURT, TENNESSEE. THE DECISIONS ARE DATED 1965 AND 1966.

  • Supplemental Notes:
    • No 71, 190-1, PP 1-3
  • Publication Date: 1967-9

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00238575
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM