State Ex Rel. Humphrey v. Strom

I would answer the first question “no” and the second question “yes,” and, therefore, respectfully dissent in part.

In a partial taking the condemnation award breaks down into (1) damages for the part taken and (2) severance damages to the part remaining. Severance damages can occur because: (a) the part remaining is a smaller, less usable tract; and (b) the part remaining is adversely affected because of the way in which the land taken from the owner and others is put to use by the taker. This second type of severance damages is also called “consequential” damages.

Consequential damages…