Legal Definitions - larger parcel

Definition: A larger parcel is a portion of land that is not a complete parcel, but is the greater part of a bigger tract. This entitles the owner to damages both for the parcel taken and for severance from the larger tract. In order to grant both kinds of damages, a court generally requires the owner to show unity of ownership, unity of use, and contiguity of the land. However, some states and federal courts do not require contiguity when there is strong evidence of unity of use.

Example: A farmer owns a large tract of land that is used for both crops and grazing. The government wants to build a highway that will cut through a portion of the land. The farmer can claim damages for the portion of land taken by the government, as well as damages for the loss of use and value of the remaining land due to the severance from the larger tract. The farmer must show that the portion of land taken was part of a larger parcel that was used for the same purpose and was owned by the same person.

Explanation: This example illustrates the concept of a larger parcel and how it can affect compensation in eminent domain cases. The farmer is entitled to damages for both the portion of land taken and the loss of value to the remaining land due to the severance from the larger tract. The farmer must show that the portion of land taken was part of a larger parcel that was used for the same purpose and was owned by the same person in order to receive compensation for both types of damages.