What About Recovering Damages to Remaining Property?

October 7, 2021

In Illinois, when only part of a property is condemned, just compensation includes the diminution in value (e.g. damages) to the owner’s remaining property, if any. The property owner should file a counterclaim alleging damages to the remainder. Then, at trial, in addition to determining the value of the property taken, the jury will also determine whether the remainder has been damaged by the taking, and if so, the extent of that damage.

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