Compensation and damages; date of accrual; apportionment

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48-512. Compensation and damages; date of accrual; apportionment

A. The compensation and damages shall be deemed accrued at the date of the order appointing referees or of the order setting the cause for trial, and its actual value at that date shall be the measure of compensation for all property to be actually taken, and of damages to property not taken but injuriously affected. Improvements placed upon the property subsequent to the date of publishing the notice of the passage of the resolution of intention shall not be included in the assessment of compensation or damages.

B. The referees, the court or the jury, shall find separately the value of each parcel of property sought to be condemned, and all improvements thereon pertaining to the realty and of each separate estate or interest therein. If a parcel sought to be condemned is only a part of a larger parcel, they shall find the damages which will accrue to the portion not sought to be condemned, and to each separate estate or interest therein by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff. Such damages shall be fixed irrespective of any benefit from the improvement.


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