State, Department of Highways v. Modica

I take issue with the majority view that the state failed to show an offset to the defendant’s proven severance damages by its failure to prove special benefits in excess of those severance damages.

I am inclined to think the majority is correct in its holding that the measure of any severance damages and offsetting special benefits are to be determined as of the time of taking.1 If so, then obviously that *28determination must be made with the assumption the project will be completed in the manner planned and evaluated in that light. Tate, Legal Criteria of Damages and Benefits — The Measurement…