The condemnation practitioner has two basic separate classes of takings. The first is a full taking in fee simple absolute. The second is the partial taking. A full taking requires the search for the fair market value of the property taken based on its highest and best use. Partial takings, however, are more complicated. Not only are we concerned with the value of the part taken, we must also look into whether or not the part not taken has had its value affected negatively.
The Partial Taking
Often, a condemnor does not take all of an owner’s property. A partial taking is a frequent occurrence in a street widening. But it may also occur in takings for sewer lines, electrical transmission lines, or gas lines.
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