Partial Taking Law and Legal Definition

Partial taking refers to the taking of part of a property under power of eminent domain for public use. In case of partial taking, compensation must be paid to the remainder property, considering damages and/or special benefits. Damages in partial taking is known as severance damages.

The following is an example of a case law on partial taking:

The just compensation for a partial taking is well established. In Delaware, compensation for a partial taking is the difference in value of the whole before the taking and the value of the remainder after the taking. [State ex rel. Secretary of the DOT, 1995 Del. Super. LEXIS 532 (Del. Super. Ct. 1995)].