The Carpet Barn v. UDOT

Utah Court of Appeals

786 P.2d 770 (Utah Ct. App. 1988)

     Severance damages are defined as those which are caused by the taking of a portion of the parcel of property where the taking or the construction of the improvement on that part (the part taken) causes injury to that portion of the property not taken.

     Severance damages are calculated as the difference in the property value before and after severance.

     Severance damages may include value reduction due to loss of access or parking space.

     There is a right to compensation where the State’s action, although not directly constituting a physical taking substantially impairs a property owners right to utilize property, which causes a direct, peculiar injury, and consequent devaluation of the property.

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