Not all property takings are the same—and the difference can mean thousands in compensation. If you’re dealing with a partial taking in eminent domain or a full acquisition, it’s critical to understand your rights.
At Sever Walker Padgitt, we break down the legal differences between total vs. partial taking and fight for fair outcomes, including potential eminent domain severance damages. Call 888-318-3761 today to protect what’s yours.
What Is a Partial Taking?
A partial taking in eminent domain happens when a government agency or authorized private entity takes just a portion of your property for public use. This might involve part of your land, a driveway, and/or easement. Even though you keep the rest, the loss can still disrupt how you use your property and potentially diminish its overall functionality and value.
Understanding Residual Damages in Partial Takings
When only part of your property is taken, the remaining portion can lose value due to any number of factors–including, but not limited to, loss of access, loss of internal circuity, and loss of residential setback. This loss is known as residual damage, and it can significantly affect the compensation you’re entitled to in a partial taking in eminent domain.
What Is a Total Taking?
A total taking happens when your entire property is acquired through eminent domain, meaning you no longer retain any part of it. Total takings are common when the full area is needed for a public project–like a highway expansion, a new school, or utility construction.
Key Differences Between Total and Partial Takings
Although both involve the government or a public-use entity acquiring private land, the outcome for property owners can be very different. Here’s how a total vs. partial taking compares:
- Ownership after the taking:
- Partial taking: You still own the remaining property.
- Total taking: You give up full ownership and must vacate the property.
- Compensation considerations:
- Partial taking: Compensation may cover the land taken and any reduction in value to the remaining property.
- Total taking: You’re compensated based on the fair market value of the entire property.
- Impact on daily life:
- Partial taking: You may have to adjust how you access, use, or enjoy your property.
- Total taking: You’ll need to relocate and find replacement property.
- Legal complexity:
- Partial taking: Can involve nuanced arguments about residual damages and property functionality.
- Total taking: Often more straightforward, though disputes can still arise over value.
Legal Process of a Total vs. Partial Taking
Whether it’s a full or partial taking, the eminent domain process follows the same legal framework—but the details and disputes can vary. Both begin with a notice of intent to take the property and an offer of compensation and from there:
- Partial taking: This may involve detailed appraisals and negotiations over not just the value of the land taken but also the impact on what remains. These cases often focus on whether the remaining property has lost value, access, and/or functionality.
- Total taking: This usually centers on determining the full market value of the property. Though the process can be simpler, disputes still arise when owners believe the offer doesn’t reflect the property’s true worth.
No matter the type, you have the right to challenge the offer and seek just compensation through negotiation or litigation. These disagreements can be complex—but you don’t have to face them alone. Contact Sever Walker Padgitt to fight for what you deserve.
Challenges and Disputes in Total vs. Partial Takings
In both total vs. partial taking cases, the most common dispute is over compensation. With partial takings, the challenge often lies in proving that the remaining property has lost value. For total takings, it’s usually about whether the offered amount reflects the property’s true worth.
What Are Your Rights?
You have the right to just compensation, the right to challenge the offer, and the right to legal representation throughout the eminent domain process. Don’t assume the first offer is final—you can fight for more.
How Can You Challenge Partial Taking?
You can challenge a partial taking by disputing the compensation amount, the impact on your remaining property, and/or whether the taking is necessary at all. Understanding the broader context can help you prepare your case—learn more about eminent domain projects in your state and see our eminent domain attorneys by state to get started.
Every case is unique, and the right legal team can make all the difference. Contact Sever Walker Padgitt at 888-318-3761 to protect your property and fight for fair compensation.
