2020 Code of Alabama
Title 18 - Eminent Domain.
Chapter 1A - Eminent Domain Generally.
Article 11 - Evidence in Condemnation Actions.
Section 18-1A-194 - Evidence Supporting Opinion as to Remainder Value in Partial Taking.

Universal Citation: AL Code § 18-1A-194 (2020)

Section 18-1A-194

Evidence supporting opinion as to remainder value in partial taking.

For the purpose of supporting an opinion as to the value of a remainder after a partial taking, evidence may be received relating but not limited to the following factors:

(1) Extent of increase or decrease in the productivity and convenience of use of the remainder reasonably attributable to the taking;

(2) Extent of improvement in or impairment of access to the public highways from the remainder upon completion of the project;

(3) Extent of benefit or detriment caused by the project due to a change in grade within a right-of-way abutting the remainder;

(4) Extent of enhancement or damage as a consequence of the project;

(5) Extent of benefit or damage resulting from severance of land or improvements;

(6) Extent of benefit or damage resulting from the distance or proximity of the remainder, or improvements on the remainder, to the project in view of its character and probable use; and

(7) Cost of fencing not provided by the plaintiff and reasonably necessary to separate the land taken from the remainder.

(Acts 1985, No. 85-548, p. 802, §1105.)

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