What is a Remainder Parcel in Real Estate Eminent Domain?
I've seen many property owners caught off guard by eminent domain proceedings, especially when they learn only part of their land will be taken. This partial taking creates what we call a remainder parcel - and if you own property, you need to know about this concept.
Remainder Parcel: A remainder parcel is the portion of land that remains with the original property owner after part of their property has been taken by a government entity through eminent domain. This leftover section maintains its original ownership while the taken portion is used for public purposes.
Key Components of Remainder Parcels
The legal aspects of remainder parcels can get tricky. You keep ownership rights of the remaining land, but zoning rules might affect how you can use it. Your property rights stay intact on the remainder parcel, though they might feel different with a smaller piece of land.
The physical changes can be dramatic. Your property might end up with an odd shape, new access points, or different utility connections. I've seen rectangular lots turned into triangles and properties split into pieces that don't quite work together anymore.
The Eminent Domain Process and Remainder Parcels
The government will assess your entire property before deciding which portion to take. They'll look at your property's value both before and after the taking - this helps determine fair compensation. You'll go through negotiations, and you might need to consider how the remaining land will function once the taken portion is gone.
Common Challenges with Remainder Parcels
Your property value might drop more than just the value of the taken land. Here's what often happens:
The remainder might be too small for its intended use
Access to your property could become more difficult
Odd shapes might limit development options
Utility connections might need expensive relocations
Your property might no longer meet zoning requirements
Rights of Property Owners
You deserve compensation not just for the taken land, but also for any reduction in value to your remainder parcel. These are called severance damages, and they're a critical part of your compensation package.
Impact on Property Value
The value of your remainder parcel depends on several factors:
How much smaller is the property?
Does the new shape work for typical uses?
Can people still easily access the property?
What can you build on the remaining land?
Best Practices for Property Owners
Get professional help right away. Document everything about your property - take photos, gather old surveys, and keep records of any improvements. Make sure you understand your rights before signing anything.
Related Real Estate Concepts
Several terms come into play with remainder parcels:
Partial taking: When the government only needs part of your property
Just compensation: The fair payment for your property
Severance damages: Money paid for reducing the value of your remaining land
Highest and best use: The most valuable legal use of your property
Frequently Asked Questions
Q: Can I refuse a partial taking? A: You can't stop eminent domain, but you can challenge the compensation offered.
Q: How is compensation calculated? A: It's based on the value of the taken land plus any decrease in value to your remainder parcel.
Q: What happens to existing structures? A: If structures are in the taken portion, they'll either be demolished or you'll be compensated for them.
Q: Can I develop my remainder parcel? A: Yes, if it meets local zoning requirements and building codes.
Working with Real Estate Professionals
Real estate agents who know eminent domain can help you understand your property's value and potential uses after the taking. Legal experts can protect your rights throughout the process.
Protecting Your Property Rights
Don't face eminent domain alone. Contact Bellhaven Real Estate for a property value assessment and guidance through the eminent domain process. Our team knows how to handle remainder parcels and can help protect your interests every step of the way.