Partial taking: Overview, definition, and example
What is partial taking?
Partial taking refers to the process in which a portion of a property is taken for public use, typically through eminent domain or condemnation, while the remaining part of the property remains under the ownership of the original owner. This occurs when a government or authorized agency needs part of a property for purposes such as road construction, utility expansion, or public facilities but does not require the entire parcel of land.
For example, if a local government needs part of a property to widen a road, it may take only the necessary portion, leaving the remaining land with the property owner.
Why is partial taking important?
Partial taking is important because it can impact both the property owner and the community. For property owners, a partial taking may affect the value, usability, or development potential of the remaining property. The owner is often compensated for the portion of land taken, but the change in the property's layout or function can have both financial and operational consequences. For the public, partial takings allow for the necessary expansion of infrastructure or services without completely displacing the property owner.
For SMBs, understanding partial taking is essential if their business is located on a property that might be subject to public works or infrastructure projects. This knowledge helps the business owner plan for possible changes, including how to manage the remaining property or how compensation might work.
Understanding partial taking through an example
Imagine your business owns a piece of land along a busy road, and the city plans to widen the road to accommodate more traffic. The government needs to take part of your property to create a larger roadway, but the rest of your land will remain yours. This is an example of partial taking—where only a portion of the property is taken, and the remaining portion is still available for use by the business.
In another example, a utility company may need to install new power lines and only requires part of a property for the infrastructure. In this case, the business owner would be compensated for the portion of land taken, while still retaining control over the remainder of the property.
An example of partial taking in action
Here’s how partial taking might be referenced in a legal agreement or governmental notification:
“The city has initiated a partial taking of the property at [address] for the expansion of the highway. The affected portion of the property, approximately 3,000 square feet, will be acquired by the city, and the remaining property will remain under the ownership of the current owner.”
Conclusion
Partial taking occurs when a portion of a property is acquired for public use, typically for infrastructure or development purposes, while the remaining property stays with the original owner. Understanding partial taking is important for SMB owners, as it can affect the value and usability of their property. Whether it’s for road widening, utility installation, or other public works, being aware of how partial takings work helps property owners manage the impact on their business and plan for any potential changes to their property.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.