Condemning authorities do not always take an entire parcel in an eminent domain proceeding. Indeed, in the Court of Claims, the majority of the appropriation claims are partial takings arising in the context of a highway project. Partial takings may also occur in the context of takings for sewer lines, electrical transmission lines or—as is the subject of recent nationwide proposals—pipelines.

As a general rule, the measure of damages in a partial-taking case is the difference between the fair market value of the whole property before the taking and the fair market of the remainder after the taking. Acme Theatres v. State of New York, 26 NY2d 385 (1970); Diocese of Buffalo v. State of New York, 24 NY2d 320, 323 (1969).

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