After 50 years of trying condemnation cases, I have learned there are no easy cases. Something always arises which is unusual. Generally speaking, partial takings present more problems than total takings. The obvious reason is that all you have to deal with in a total appropriation is the value of the property taken. When there is a partial acquisition, however, we first deal with the value of the property as a whole, then with the value of the part taken and finally with the value of the part not acquired, both before and after the acquisition, i.e., consequential damages.

Within the area of consequential damages, we must explore, not only the loss in value suffered by the remaining property, but the possible benefits to that remainder which are the result of the improvement for which the part taken was acquired. To further complicate things, the question arises, do we consider special benefits to the remainder as distinguished from general benefits?

General vs. Special Benefits

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