Land Use & Zoning
A West Virginia landowner whose property is taken through eminent domain for a pipeline right-of-way receives just compensation. If only part of the property is taken, the owner may also be entitled to:
ANothing for the retained portion
BSeverance damages for diminished value of the remaining property✓ Correct
CFair market value for the entire property even if only part is taken
DA tax credit for the taken portion
Explanation
In a partial taking, the property owner may be entitled to both the fair market value of the taken portion AND severance damages — compensation for the diminished value of the remaining property that results from the taking and the proposed use.
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Key Terms to Know
Eminent Domain
The power of government to take private property for public use, with the requirement to pay the owner just compensation.
Listing AgreementA contract between a property owner and a real estate broker that authorizes the broker to market and sell the property.
AppraisalA professional estimate of a property's market value prepared by a licensed or certified appraiser.
Comparable Sales (Comps)Recently sold properties similar in size, condition, and location used by appraisers and agents to estimate a property's market value.
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