Severance damages (1)

Instruction No. _____

    Where the property being taken is only a part of a larger parcel of property, in addition to compensation for the property being taken, the defendant is entitled to recover compensation called "severance damages," for the damage, if any, to the remainder.

    Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following:
         (a) The severance of the remainder from the part taken.
         (b) The construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the damage is caused by a portion of the project located on the part taken.

    Severance damages are determined by ascertaining the market value of the remainder as of the date of valuation and by deducting therefrom the market value of the remainder after the severance of the part being taken and the construction of the freeway project in the manner proposed by the plaintiff.

    Compensation for injury to the remainder shall be based on the project as proposed. Any features of the project which mitigate the damage or provide benefit to the remainder, including but not limited to interchanges and frontage roads, shall be considered in determining the compensation for injury to the remainder.

BAJI 11.85
NRS 37.110