The Columbus Dispatch of August 20, 2014, brings the news that the Ohio Court of Appeals has awarded $1.3 million for the taking of a 0.205 slice of land. The City of Westerville offered $145,855, but that did not factor in the city’s taking of the power to deny access, and impair visibility of the remainder property. Nonetheless the trial court awarded only $145,855. This award was reversed on appeal and the owners were awarded $1.3 million.
So here we have a reminder of the rule that when it comes to severance damages, it’s not what the condemnor means to do with the taken land, but rather what powers does it acquire. So if the condemnor takes the right to deny access, that’s what has to be valued; whether the condemnor actually exercises that power to the fullest or not.