Partial Taking of Award in Missouri
The Missourian reported a recent award, likely the largest in Franklin County history, for a partial taking. Simply taking 10% of the land does not mean there is only 10% of diminution in value. The article describes how the effect of a taking of part of a parcel may destroy the value of the remaining portion.
Washington Attorney Steve Kuenzel, who represented the property owner, said the damages encompassed the actual taking of about 2.6 acres, the economic loss to the remaining 26 acres in the parcel, an area taken for a temporary construction site during the construction of the highway project and the economic damages associated with the loss of a billboard on the property.
"Our position was that in today’s world, all retailers want two entrances to their site for fire and safety reasons and so if there is an accident, and one of the entrances is blocked, the shopping center isn’t shut down for business. The state took the position that the placement of the connecting road where we had it was not practical according to its engineers," Kuenzel explained Friday.
