What is a Larger Parcel in Property Condemnation?
In the realm of property condemnation, the Larger Parcel represents the broader property from which a portion is taken during a condemnation process. This also includes properties that, although not directly affected or acquired, bear consequences due to the taking, which helps in determining severance damages.
Severance damages are financial compensations awarded for the decrease in value to the remaining property after a portion has been taken.
Example Explained
Consider a scenario where a pipeline company requires a strip of land within a vast property for their operations. Imagine the property is a sprawling 100-acre farm. The company needs a narrow strip, measuring 50 feet by 100 feet, right through the farm for their pipeline.
Although the strip is the parcel being taken, the entire 100-acre farm qualifies as the Larger Parcel. This is because the farm as a whole is affected by this partial acquisition, thus necessitating a comprehensive evaluation to ascertain severance damages.
Further Illustrative Examples:
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Highway Expansion Project: If the government expropriates a narrow lane from a large residential estate for expanding a highway, the entire estate qualifies as the larger parcel. This larger parcel is evaluated in determining compensation.
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Utility Easement: When a utility company acquires an easement through a commercial property to lay cables, the overall property is examined as the larger parcel to ensure all impacts are assessed.
Frequently Asked Questions (FAQs)
Q: How is ‘Larger Parcel’ significant in condemnation proceedings?
A: The concept ensures fair compensation for not only the taken land but also for the resulting impact on the remaining property.
Q: Who determines the severance damages for a larger parcel?
A: Typically, a qualified appraiser or sometimes a court evaluates severance damages, considering the property’s before-and-after value.
Q: What factors influence severance damages?
A: Factors include the decrease in market value, usability, accessibility, and income potential of the remaining property.
Conclusion
Understanding ‘Larger Parcel’ helps property owners and legal professionals navigate through condemnation proceedings, ensuring comprehensive compensation and fair treatment. Evaluating these scenarios deeply underscores why each property, regardless of the portion taken, matters in its entirety.
Related Terms: Severance Damages, Eminent Domain, Property Rights.
