remnant theory

remnant theory
A theory sometimes applied in determining the amount of property subject to condemnation under the power of eminent domain, the theory being that if only such property as is barely necessary for the improvement is taken, there will be left fragments of property of such size and shape as to be separately valueless, the result being that the public body condemning will be required to pay for the whole, notwithstanding it only took a part. Cincinnati v Vester (CA6 Okla) 33 F2d 242, 68 ALR 831, affd 281 US 439, 74 L Ed 950, 50 S CI 360.

Ballentine's law dictionary. . 1998.

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