This case is important for all landowners because it indicates that when property is taken for an easement, the compensation due must consider not only the value of the strip of property taken, but also includes monetary impacts on the remaining land. Luke Ellis, attorney for the landowners, explained that although this case did not involve agricultural land, the same issue can arise when dealing with condemnation of farms or ranches. Specifically, all landowners should seek compensation not only for the taking of the easement itself, but for adverse impacts that will have on the remaining property including the loss of the right to exclude others from coming and going on private property, the loss of development potential, and any onerous terms that are imposed on the landowner by the easement agreement.
WE’RE NOT GONNA TAKE IT!
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