• 2008 - Allowance for Benefit
  • C-75.22
    • Eminent Domain
    • Eminent Domain
  • If, as in this case, [the property taken constitutes only a part of a larger parcel,] [property is damaged although no part of it is taken,] you must determine the amount to which the property not sought to be condemned will be specially benefitted, if at all, by the construction of the improvement proposed by the taking authority. If the benefit equals or exceeds the [severance damages] [and] [consequential damages], the owner of the property [interest] taken can be allowed no compensation [except for the fair market value of the portion taken]. If the benefit is less than the damages so assessed, the benefit must be deducted from the damages and the remainder must be the only damages allowed [in addition to just compensation for the value of the portion taken.]
    • 32-15-22
  • Notes: This instruction cannot be used if the taking is by a private corporation.