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Real Estate/Development

Jun. 1, 2012

Baca: defining severance damages in part-takings

Following Baca would be inconsistent with the parity between severance damages and benefits defined by earlier decisions. By Bradley D. Pierce of Pierce Law Firm

By Bradley D. Pierce

The acquisition of private property for a public project frequently has impacts beyond the footprint of the project. To the extent that those impacts are compensable, they are referred to as severance damages. When the project results in a benefit to a property that has lost land in support of a project, the impacts that have a positive effect on the property are called (not surprisingly) "benefits."

Severance damages are measured by com...

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