Legal Definitions - land damages

Land damages refers to the financial compensation paid to a property owner when their land is taken for public use or when its value is significantly diminished due to a governmental action or public project.

This compensation is intended to ensure that the owner receives the fair market value of the property taken, as well as any reduction in value to their remaining property, making them "whole" again after the government's action. It is often associated with the government's power of eminent domain, which allows it to take private property for public use, provided "just compensation" is paid.

• Example 1: Highway Expansion

  A state transportation department decides to widen a major highway, requiring a portion of land from several private properties along the route. One homeowner's front yard and driveway are needed for the expansion.

  In this situation, the state would pay the homeowner land damages. This compensation would cover not only the fair market value of the specific strip of land taken but also any reduction in value to the remaining portion of the homeowner's property, such as if the house is now much closer to the highway or if access is significantly altered.

• Example 2: Utility Easement

  A power company needs to install new underground electrical lines that will cross a privately owned agricultural field. To do this, they require an easement, which grants them the right to use a specific strip of the farmer's land for construction and future maintenance, even though the farmer retains ownership.

  The power company would pay the farmer land damages for this easement. This payment compensates the farmer for the restricted use of that portion of their field, the disruption during construction, and any long-term impact on the land's value or agricultural productivity due to the presence of the utility lines.

• Example 3: Public Park Development

  A city council approves a plan to expand a popular public park, which requires acquiring an adjacent commercial property currently operating as a small retail store. The city initiates eminent domain proceedings to take the property.

  The city would be obligated to pay the owner of the retail store land damages. This compensation would include the fair market value of the entire property (land and building), allowing the owner to purchase a comparable property elsewhere or be fairly compensated for their loss.