26-513. Same; compensation required for taking and damage; determination.
26-513
26-513. Same; compensation required for taking anddamage; determination.(a) Necessity. Private property shall not be taken or damaged forpublic use without just compensation.
(b) Taking entire tract. If the entire tract of land or interestin such land is taken, the measure of compensation is thefair market value of the propertyor interest at the time of the taking.
(c) Partial taking. If only a part of a tract of land or interestis taken, the compensation and measure of damages is thedifferencebetween the fair market value of the entire property or interestimmediately before thetaking, and the value of that portion of the tract or interest remainingimmediately after the taking.
(d) Factors to be considered. In ascertaining the amount ofcompensation and damages, the following nonexclusivelist of factors shall be considered if such factors are shown to exist.Suchfactors are not to be considered as separate items of damages,but are to be considered only as they affect the total compensation anddamage under the provisions of subsections (b) and (c) of this section. Suchfactors are:
(1) The most advantageous use to which the property isreasonablyadaptable.
(2) Access to the property remaining.
(3) Appearance of the property remaining, if appearance isan element ofvalue in connection with any use for which the property is reasonablyadaptable.
(4) Productivity, convenience, use to be made of theproperty taken, oruse of the property remaining.
(5) View, ventilation and light, to the extent that they arebeneficialattributes to the use of which the remaining property is devoted or towhich it is reasonably adaptable.
(6) Severance or division of a tract, whether the severanceis initial oris in aggravation of a previous severance; changes of grade and loss orimpairment of access by means of underpass or overpass incidental tochanging the character or design of an existing improvement beingconsidered as in aggravation of a previous severance, if in connection withthe taking of additional land and needed to make the change in theimprovement.
(7) Loss of trees and shrubbery to the extent that theyaffect the valueof the land taken, and to the extent that their loss impairs the value ofthe land remaining.
(8) Cost of new fences or loss of fences and the cost ofreplacing themwith fences of like quality, to the extent that such loss affects the valueof the property remaining.
(9) Destruction of a legal nonconforming use.
(10) Damage to property abutting on a right-of-way due tochange of gradewhere accompanied by a taking of land.
(11) Proximity of new improvement to improvements remainingoncondemnee's land.
(12) Loss of or damage to growing crops.
(13) That the property could be or had been adapted to ause which wasprofitably carried on.
(14) Cost of new drains or loss of drains and the cost ofreplacing themwith drains of like quality, to the extent that such loss affects the valueof the property remaining.
(15) Cost of new private roads or passageways or loss ofprivate roads orpassageways and the cost of replacing them with private roads orpassageways of like quality, to the extent that such loss affects the valueof the property remaining.
(e) Fair market value. "Fair market value" means theamount in terms of money that a well informed buyer is justified in paying anda well informed seller is justified in accepting for property in an open andcompetitive market, assuming that the parties are acting without unduecompulsion. The fair market value shall be determined by use of the comparablesales, cost or capitalization of income appraisal methods or any combination ofsuch methods.
History: L. 1963, ch. 234, § 13; L. 1969, ch. 196, § 2;L. 1999, ch. 111, § 3; Apr. 22.