Topic: Eminent Domain
Sometimes, the government does not want to acquire all of the property because it does not need it all. The government does not want to pay for what it does not need. This is referred to as a “partial take.” When the government takes a portion of the property, this may have an impact on the remainder of the property. In other words, the remainder of the property may not be as valuable as it was prior to the “partial take.” The damages associated with this situation are referred to as “severance damages.” For example, if there is a bowling alley with a parking lot, with no other nearby parking and the government initiates a partial take of just the parking lot, the bowling alley is not as valuable as it was before the taking because the customers have no place to park their cars. The business will decline dramatically because of the lack of parking.