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taking.
A condemning authority’s exercise of its eminent domain powers is coupled with a duty to fairly compensate land owners by paying “just compensation.’’ Just compensation means the fair market value of the land taken. Fair market value is defined as the price which one, under no compulsion, being desirous and able to buy, is willing to pay for the property.
Condemnation cases frequently focus primarily on damages to remaining land. This is particularly true in power line cases where aesthetic damage to property invariably results in a significant diminution in value. The test for “damages to the residue* is the difference in value immediately before and immediately after the taking. considering ever circumstance, present and future, which affects value. In cases involving partial takes, the condemning authority must pay landowners the fair market value of land taken and Ham, ages to the residue.
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