Injuriously Affected Law and Legal Definition
Injuriously affected is a condition of the right to damages in eminent domain. The consequences of an injuriously affected act is that it is given a right of action if the act had not been authorized by the statute.
The test applied to determine the proper meaning of the words, injuriously affected, as giving a right to compensation, is whether the act done in carrying out the works in question was an act which would have given a right of action if the works had not been authorized by the statute. In other words, if the act affecting the land had been done by an individual s/he would be liable for damages. The act, therefore, injuriously affecting, must be that which would be wrongful but for the statute. [Memphis & C. R. Co. v. Birmingham, S. & T. R. R. Co., 96 Ala. 571 (Ala. 1892)]
