Damage in Taking by Eminent Domain Law and Legal Definition

Damage in Taking by Eminent Domain is the physical injury caused to a property in a taking of eminent domain. It is not a tort if the taking is caused by any act in the course of the construction of a public improvement which if done by a private individual would give rise to an action at law. [Farnandis v. Great N. R. Co., 41 Wash. 486 (Wash. 1906)]