Section 10.21 Delay

• Library: Eminent Domain 3rd Edition 2013

If construction delay is so significant that it reasonably can be expected to affect the property’s market value as of the date of valuation, the trier-of-fact may consider that delay in determining severance damages and special benefits. The key consideration is whether and to what extent the delay affects market value. Typically, a construction delay does not affect the property’s value. However, a six- to nine-year delay could have a substantial present influence on the remainder’s market value. A...