Setoff of Benefits (Eminent Domain) Law and Legal Definition

Setoff of benefits in eminent domain means deducting the benefit to remaining property from a public improvement in ascertaining damages for property taken.

The right to set-off must be limited to damages that may be claimed as resulting to the part that is not taken. [Maryland & W. R. Co. v. Hiller, 8 App. D.C. 289, 298 (D.C. Cir. 1896)]