A road improvement project may begin with survey markers or a notice that only a small part of a property is needed. Many owners assume the project will affect only the land being acquired.
In some cases, however, the changes can reach much farther than the property line. A closer look at how a project can affect access, the use of the remaining property and its overall value can help property owners make more informed decisions during the eminent domain process.
Why a partial acquisition can have a bigger impact
A project may require only a narrow strip of land, but it can still change how the remaining property functions. A new road layout might reduce parking, move a driveway or limit direct access to the property. It may also affect how easily customers reach or see a business. A farm reliant on the use of heavy equipment might now have more restrictive access.
Those changes may affect how the property is used every day. That is why the impact often extends beyond the land itself.
Why the remaining property still matters
Under Tennessee law, compensation may include more than the value of the land that is acquired. In some situations, the project may reduce the value of the property that remains. This is commonly known as severance damages.
Every property is different. The overall damage depends on how the project changes the remaining land.
How is property value determined?
The government generally relies on an appraisal to estimate fair market value. That appraisal may consider the property’s location, its highest and best use, and other market factors. Property owners may also compare that valuation with their own understanding of the property’s value before deciding how to respond.
If the parties disagree about compensation, Tennessee law provides a legal process for resolving that dispute.
Road projects often change more than the amount of land shown on a survey map. Looking at how the remaining property may be affected can provide a clearer picture of the project’s overall impact.