摘要: |
Each year the Tennessee Department of Transportation (TDOT) acquires parcels of land from private and commercial properties in conjunction with transportation projects. Many of these acquisitions are partial takings, meaning that only a portion of a total property is acquired. In these situations, it can be perceived that the remainder property has suffered economic change (percentage of damage or benefit) due to the portion of land taken. Eminent Domain appraisals often include compensation for damages to the remaining property.
A Remainder Sales Study was conducted by TDOT Right of Way (ROW) Office and published May 1, 1995. This study includes Remainder Sales Study analysis by county and by description and land taken for various parcels - commercial, residential, agricultural and special purpose. It provides detailed field studies and a percentage of economic damage or benefit associated with the remainder property.
The Research Needs Statement indicates the 1995 study is out-of-date, yet is often still cited as documentation of damage amounts. Additionally, damage amounts are included in reports with little or no explanation, analysis or support. TDOT ROW requests an updated Remainder Sales and Damages Study in order to establish guidelines to provide support in the calculation of monetary value to damages or benefits as the current study is in need of some revision and clarification.
For example, the 1995 study lists a reduction in the value of remainder parcel # 104/CI from $28,150.00 before to a sale of $6,850.00 after, yet indicates a 71.25% increase in benefit. The increase in benefit is due to a change in zoning from residential to commercial for use by a convenience store. In order to understand the reason for the increase in benefit, one must research through the county summaries, descriptions, and field studies separately. An updated Remainder Sales and Damages Study would highlight specific conditions affecting percentage of damages or benefit.
In order to do this, the University of Tennessee Center for Transportation Research team will review the 1995 study for content, update the study to include the most recent remainder sales, and include a “How To Use” section so that the calculation of damages or benefits can be justified. |