For the purpose of supporting an opinion as to the value of a remainder after a partial taking, evidence may be received relating but not limited to the following factors:

(1) Extent of increase or decrease in the productivity and convenience of use of the remainder reasonably attributable to the taking;
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Terms Used In Alabama Code 18-1A-194

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) Extent of improvement in or impairment of access to the public highways from the remainder upon completion of the project;
(3) Extent of benefit or detriment caused by the project due to a change in grade within a right-of-way abutting the remainder;
(4) Extent of enhancement or damage as a consequence of the project;
(5) Extent of benefit or damage resulting from severance of land or improvements;
(6) Extent of benefit or damage resulting from the distance or proximity of the remainder, or improvements on the remainder, to the project in view of its character and probable use; and
(7) Cost of fencing not provided by the plaintiff and reasonably necessary to separate the land taken from the remainder.
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