Section 10.4 Noise, Fumes, and Other Proximity Damages

• Library: Eminent Domain 3rd Edition 2013

Increased noise, fumes, and other factors caused by proximity to a highway which bear on the after value of a remaining parcel may be considered in determining severance damages; they are not compensated for as distinct and separate elements of severance damage, but rather as they impact the after value of the property.

State ex rel. Miller v. J.R. Norton Co., 158 Ariz. 50, 760 P.2d 1099 (App. 1988) (there is no need to show that there has been a substantial level of damage; the owner can recover for the reduction in the fair market value of the remainder regardless of the amount)

However, a property owner need not show that...