DE · jury_instructions
Del. P.J.I. Civ. § 20.4
Partial Taking
PARTIAL TAKING
In this case, only part of a piece of land is being taken by the condemning
authority. The rest of the land is being left in the owner’s hands. In a partial-taking
case, the just compensation to which the owner is entitled includes not only
compensation for the part of the property being taken, but also compensation for any
resulting diminution in value to the rest of the property.
To help determine the just compensation to which the owner is entitled in a
partial-taking case, Delaware uses the so-called “before and after” formula. Under
this formula, the just compensation is the difference between the market value of the
whole piece of land, immediately before (and unaffected by the taking) and the
market value of the rest of the property immediately after (and as affected by) the
taking.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
99e9a06d48f55d1e21c51ba59db727d6907ce9968d593dbe4fd9522c2aa22099
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