• 2008 - Severance Damages
  • C-75.10
    • Eminent Domain
    • Eminent Domain
  • Because only a portion of the landowner's tract is taken, you must determine the severance damages, if any, that will accrue to the portion not [taken] [sought to be condemned]. Severance damages are measured by the loss in fair market value of the property affected. [Severance damages can be allowed only where there is unity of use between the portion of the landowner's tract that is taken and the portion not taken. To constitute unity of use of property between two or more distinct parcels of land, there must be such connection or relation of adaptation, ownership, proximity, convenience, and actual and permanent use as to make the enjoyment of the portion taken reasonably and substantially necessary to the enjoyment of the portion not taken, in the most advantageous and profitable manner in the business of the unit for which they are used.] The giving of instructions on severance damages must not be taken as a recognition that those damages exist. Whether severance damages exist and whether they are proximately caused by the taking are questions of fact for you to determine. If the portion of the property not [taken] [sought to be condemned] is not rendered any less valuable by reason of the taking, there is no financial loss and hence no damages resulting to that portion. Likewise, damages cannot be awarded if the claimed loss is not proximately caused by the taking.
    • 32-15-22
    • City of Devils Lake v. Davis, 480 NW2d 720, 725 (ND 1992)
    • City of Jamestown v. Leever’s Supermarkets, Inc., 552 NW2d 365, 374 (ND 1996)
    • Grand Forks v. Hendon / DDRC / BP, LLC, 2006 ND 116 ¶¶ 9-10, 715 NW2d 145, 147-48.
    • Little v. Burleigh County, 82 NW2d 603 (ND 1957)
    • Sauvageau v. Hjelle, 213 NW2d 381 (ND 1973)
  • Notes: