Offsetting Special Benefits and the Larger Parcel Test In Eminent Domain

Paul Sinnitt, Offsetting Special Benefits and the Larger Parcel Test in Eminent Domain, 1 Gonz. L. Rev. 77 (1966). 


In the past several years there has been increased activity in the field of eminent domain in the state of Washington. The purpose of this article will be to examine several of the problems arising from a partial-taking of property in a situation wherein there are physically separated tractsof land having the same owner.  Solution of these problems requires a consideration of general benefits, special benefits, and the so-called “larger parcel test.”

The Washington property owner is entitled to “just compensation.” The amount of just compensation is determined by adding to the value of the property taken, the damages to the remaining property (severance damages) property because of the public improvement. . . Read More

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