Partial Takings vs Total Takings – What’s The Difference? | Kentucky Eminent Domain Attorneys

The federal government’s authority to take property was limited by the “takings clause” of the Fifth Amendment of the Constitution, and later, the Fourteenth Amendment enshrined similar restrictions for state and local governments.

In a nutshell, the government can only take private property for public use by paying a reasonable amount for the property.

Unfortunately, in the real world, it is not as simple as that. Who — or what — determines the dollar figure of “just compensation”, which is the language that the Fifth Amendment uses to describe the endpoint of negotiations for acquiring your property.

What is Total Taking in Eminent Domain?

If you, for example, own a commercial lot in an urban setting, and the local municipality determines that it is the perfect location for the city’s recycling center, the City will go through a clearly prescribed condemnation procedure that will include determining the value of the property. In this case, the entire parcel is what the City wants, and there are well-agreed-upon ways to arrive at the “just compensation” for your existing parcel.

That is total taking – the condemnation action is against the entire property.

But this isn’t the only way a government can take private land via eminent domain.

What is a Partial Taking in Eminent Domain?

Partial takings occur when the entire property isn’t required by the government in their condemnation action.

For example, what if you own fourteen acres at the edge of town that has just been annexed to the City? The same recycling project administrator determines that two and a half acres of your land would be ideal for its purposes and begins the condemnation process. Can the City condemn and “take”, essentially, a bite out of your land?

Yes. And this is what is known as a “partial taking.”

Never heard of a partial taking? It is not uncommon. In fact, in some areas, it is the most widespread form of government taking.

How an Experienced Kentucky Eminent Domain Lawyer Can Help

Ultimately in an eminent domain case, it is incredibly important to both understand your rights and have those rights – and your best interest – represented in a condemnation case.

Total takings are more straightforward than partial takings.

Go back to our example of a partial taking – it becomes tricky to determine the value of the acreage that the City is taking. How does the loss of the small acreage impact the value of your remaining parcel? Will it be re-zoned for the City’s purposes, and, if so, will that reduce (or increase) the value of your remaining property?

You can assume that the government agency attempting to take your property will have an army of attorneys and other “experts” at its disposal to arrive at a value for your property that is in its best interest.

An experienced Kentucky condemnation lawyer is able to push back to assert your rights, your best interest, and understand the full picture in evaluating the property value.

It can be the difference in having the government take a small chunk of your property at a small rate that doesn’t factor in the larger cost impact to your remaining parcel.

But it doesn’t have to cost you anything up-front. Our experienced Kentucky Eminent Domain attorneys don’t charge you until you receive the compensation you deserve.

FREE Consultations - Speak With A Kentucky Condemnation Lawyer Today

If you have been served with a condemnation notice, it’s critical to speak to an experienced Kentucky eminent domain lawyer before you consider accepting any settlement.

Time is not your friend in a condemnation case, but you can achieve peace of mind knowing that you have an experienced advocate at your side.

At Dallas & Turner, PLLC, we care about your rights as a property owner. Our Kentucky condemnation attorneys will discuss the details of your case, and help you to evaluate your best options going forward.

Our consultations are absolutely free, and you will get our no-fee guarantee: we don’t get paid unless we successfully resolve your case and get the just compensation that you deserve

Call now at (859) 630-0666, or message us via live chat or our FREE online case submission form, and we can begin fighting for your rights as a property owner today.