Remnant Theory Law and Legal Definition

Remnant theory is a theory sometimes applied in determining the amount of property subject to condemnation under the power of eminent domain.

The theory states that if only such property as is just necessary for the improvement is taken, there will be left fragments of property of such size and shape as to be separately valueless, so that the public body condemning will be required to pay for the whole, in spite of it only took a part. [Cincinnati v. Vester, 33 F.2d 242, 243-244 (6th Cir. Ohio 1929)]