In cases of eminent domain where land value is decreased, what type of damages might the owner receive?

In cases of eminent domain, if a property owner's land value is adversely affected by government action, they might be entitled to severance damages. These damages recognize the impact that partial taking of land or the surrounding area can have on the remaining property. Severance damages aim to compensate the owner for the decrease in the value of their remaining property that results from the government's acquisition of a part of that property.

For instance, if only a portion of a property is taken for a public project, the remaining land may be less valuable due to factors like loss of access, change in use, or aesthetic considerations. Severance damages address these unique circumstances specifically, focusing on the depreciation of value suffered by the property that remains after a partial taking.

Compensatory damages are typically awarded for complete losses rather than focusing specifically on the diminished value of the remaining property. Punitive damages are awarded in cases of wrongful conduct and are not applicable in eminent domain situations. Restitution is concerned with restoring a party to its previous position, which does not align with the context of a partial land acquisition in eminent domain cases.