Eminent Domain

Highest and best use considers uses that are physically possible, legally permissible, financially feasible, and supported as resulting in the highest value. Disagreement over highest and best use can materially affect the assumptions and conclusions in competing eminent domain appraisals.

In a partial-taking appraisal, a before-and-after analysis can compare the value of the larger parcel before the acquisition with the value of the remaining property after the acquisition. The difference can reflect the value of the property interest acquired and, under applicable valuation rules, compensable effects on the remainder.

An expert may offer valuation opinions and explain the property and market evidence underlying those conclusions. Determining compensable property interests and the amount ultimately awarded as just compensation remains with the court, jury, commission, or other authorized decision-maker under applicable law.