Partial Taking

“Partial taking” refers to the seizure of a portion of private property for public use by eminent domain. Under eminent domain, the state has the power to appropriate property for public use. In many countries, including the United States under the Fifth Amendment to the Constitution, the property owner is entitled to reasonable compensation if damages or a decrease in value occurred to the remaining property. The property owner is also entitled to compensation for the property seized under eminent domain. Generally reasonable compensation is defined as the fair market value of the property, meaning the highest price that the owner could have received for the property if it were sold on the open market. Also, in the case that a business is affected by a seized property, the owner is entitled to compensation for any lost or interrupted business.


If you have questions or would like more information about partial taking, contact Zeitlin & Zeitlin here.