42A-1-26. Measure of damage to remainder in partial condemnation.
145 words·~1 min read·
/nm/chapter-42a-condemnation-proceedings/article-1-general-provisions/42a-1-26·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any condemnation proceeding in which there is a partial taking of property, the measure of compensation and damages resulting from the taking shall be the difference between the fair market value of the entire property immediately before the taking and the fair market value of the property remaining immediately after the taking. In determining such difference, all elements which would enhance or diminish the fair market value before and after the taking shall be considered even though some of the damages sustained by the remaining property, in themselves, might otherwise be deemed noncompensable.
Further, in determining such values or differences therein, elements which would enhance or benefit any property not taken shall only be considered for the purpose of offsetting any damages or diminution of value to the property not taken.
History: 1978 Comp., § 42A-1-26, enacted by Laws 1981, ch. 125, § 22.