Off-Set of Special Benefits

Question 1

a) Just compensation?

Answer 1

partial condemnation: comp = value of land taken + severance damages (loss value of land not taken)

Question 2

b) Set-off principle:

Answer 2

can reduce ED comp by benefit added to remaining prop

Question 3

c) Approaches for off-set

Answer 3

i) bright-line off-set: prop off-set by all benefits (even general)
ii) off-set by special benefits, not general benefits
(1) Acierno: partial taking for highway construction; raised value of prop–>comp off-set by special benefits
iii) Off-set severance damages by general benefit
iv) No off-set