The government is taking some of my parking spaces. Can I recover more than the price of the land?

Yes. Absolutely. The government must pay for the part taken, any improvements located on the part taken and any damages to the remaining property. For example, in the case we’re discussing, if half the parking is removed and the site no longer functions as it did before, the landowner would be entitled to be paid for the diminished value of the remaining property. If there’s a business that’s been located on a property for more than five years, that business would also be entitled to business damages for the lost future income that it can no longer generate because of the loss of the parking spaces.

 

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