An Analysis of Partial Takings and Contributory Value in the Context of Various Court Decisions

摘要

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. Measuring the contributory value requires an understanding of the concept of the larger parcel in the context of highest and best use, both before and after the taking. Any damages or benefits occasioned by a taking can be measured by applying the before and after method, with the pre- and post-taking valuations prepared separately and independently of one another. This article offers examples of court analyses in partial takings cases.