The legal aspects of whole takings and partial takes are discussed and illustrated with actual court cases. In the situation where an entire tract is being acquired, the point of inquiry is the ascertainment of the fair market value at the data of taking. A case is described where the Texas Supreme Court reaffirmed the rule that the owner is allowed enhancement up to the time that the condemnor manifests a definite purpose to the particular land. After that point in time, any enhancement resulting from the land by reason of the project is not allowable. In the area of partial takes, questions addressed to the jury are listed. These relate to the value of the part taken as severed land, value of the remainder before, and the value of the reaminder after taking. Experience indicates the importance to the condemning authority, of the value of the whole property. The danger in indiscriminate valuation of a partial take as a proportionate part of the whole is pointed out. Observations are made on appraisals for partial takings, as well as comments on comparable sales.

  • Availability:
  • Corporate Authors:

    American Right of Way Association

    3727 West 6th Street, Suite 504
    Los Angeles, CA  United States  90020
  • Authors:
    • Graham, C R
  • Publication Date: 1975-1

Media Info

  • Pagination: p. 22-24
  • Serial:
    • Right of Way
    • Volume: 22
    • Issue Number: 2
    • Publisher: International Right of Way Association
    • ISSN: 0035-5275

Subject/Index Terms

Filing Info

  • Accession Number: 00097754
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Sep 30 1975 12:00AM