partial taking

partial taking

A condemnation of only part of a parcel of land. Often, if there is a partial taking, then the condemning authority will also have to pay damages for the decrease in value to the remaining portion. For example, if the partial taking resulted in the city gaining most of a store's parking lot,then the store itself will probably suffer a loss of revenues because customers can't find parking.The property not taken will have decreased in value because of the partial taking.

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This case arises out of a partial taking of, and monetary compensation for, DSG's real estate by the Town, which was affirmed by this court.
The second solar eclipse will again be partial taking place on July 13, in conjunction with the new crescent of Hijric month 'Dhul- Qa'da', the Moon will cover 34 percent of solar disk at peak of this partial solar eclipse.
Nonetheless, the situation may change next week after S&P 500 breaks all-time maximums, as this will be a signal for partial taking of profit from 10% growth since the year's start.
In addition, a condemning authority can seek a partial taking or a whole taking, the difference being that a partial taking involves acquiring an interest in less than the entire parcel of real property owned, while a whole taking involves acquiring an interest in the entire parcel.
For example, Michigan condemnation law permits recovery for damages incurred to avoid business interruption, damages for going out of business as a result of a taking and damages to property remaining after a partial taking.
1002 (2002) (remanding challenge to regulation restricting surface coat mining to trial court for consideration of partial taking under Penn Central factors).
Measure 7, passed in 2001, provided for compensation for the partial taking of property by land use decisions, zoning, and the implementation of land use goals.
(65) Thus, Lucas established the rule that if there is a "total" taking, the landowner is due complete compensation, (66) but if there is only a "partial taking," courts must use the Penn Central balancing approaching.
A partial taking of only a portion of the premises was sufficient.
Is not this a partial taking? If Dolan is a partial regulatory taking or if it is a physical taking, why didn't the Court just say so?
This article addresses condemnation and expropriation; the tests required to establish the existence of a partial taking; and the methods of calculating the contributory value of land taken when it is impossible or not practical to assign market value directly to the land taken.
[sections] 337.27(2) effective January 1, 2000.(18) Business damages are recoverable only when there is a partial taking of property.(19) Under F.S.
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