Glossary

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Severance Damages
In eminent domain, severance damage is the loss in value to the property remaining after and as a result of a partial taking. In Arizona damages accrue to the portion not sought to be condemned by reason of its severance from the portion sought. The condemnee (typically the property owner whose property is being sought) has the burden of proving damages. Severance damages may be off-set (reduce by) special benefits. It is the diminution in the fair market value of the retained portion attributable to the action and are measured by the difference between the market value of the remainder before and after the take. It can be represented by the following formula:

D = RB - RA

Where:

· D = severance damages;

· RB = remainder before the taking of any rights;

· RA = remainder after the taking of rights.

Set-Back
The minimum distance that improvements must be kept from the edges of a property.

Slope Easement
It is an area of land within an adjoining property, sloping either upward or downward, that provides either support and/or more useable space in the property for which it benefits, which is typically a roadway. Up-slopes slope upward from the roadway and “cut” into hillsides. These can often be rather steep depending upon the internal structure of the hill. Down-slopes slope downward from the roadway and “fill” over the adjoining parcel. Fill areas tend to have much more shallow grades than cuts because they consist of packed dirt and rock. This kind of easement is generally a partial taking of property rights, as the underlying ownership and much or, at least, some economic utility usually remains after its imposition.

Special Benefits
In eminent domain, those benefits or enhancements which accrue directly to a specific property and not to others, as a result of a condemnor’s actions, and that result in increased value to that property. In contrast, general benefits are those enhancements that accrue to the community at large or to many properties. The condemnor (typically a governmental entity seeking land or rights to land for specified purposes) has the burden of proving benefits. In Arizona, special benefits can only off-set severance damages; actual land taken and landscaping, if damaged or taken, must always be compensated for. Where benefits exceed damages, the excess may not be applied against the part taken or landscaping/vegetation; the part taken must always be compensated for. Excess benefits are lost to the condemnor. It can be represented by the following formula:

B £ D

Where:

· B = special benefits;

· D = severance damages.

Subject
The specific property being appraised or analyzed.

Substitution, Principle of
An economic principle which asserts that a prudent buyer is not likely to pay more something than the cost of acquiring something else of equal utility.

Temporary Construction Easement
As the name implies, it is an area on/in one parcel of land used temporarily to aid in the construction or development of another property, usually an adjoining one. It is a partial taking of property rights, as the underlying ownership and economic utility remains unchanged, and it is of limited duration.