“Rule of damages which provides the difference between “before” and “after” values of property, which has been damaged or taken.”
“No private property shall be taken or damaged for public or private use without just compensation having first been made … and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefor be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law.”
“Oliver was not required to sell, exchange, or otherwise dispose of his damaged and subsequently repaired Jeep Wrangler in order to demonstrate an actual and provable loss in value; instead, the loss could be established through other competent means, such as expert appraisal of the pre-loss and post-repair values.”
“Using frequency analysis to determine the impact on selling price at various distances from the nearest pylon indicates that the value of property within [328 feet] of the [high voltage transmission line] is reduced by 6–17 per cent (an average of 11.5 per cent). The presence of a pylon was found to have a more significant impact on value than the [high voltage transmission line] and could reduce value by up to 20.7 per cent compared with similar property sited [820 feet] away.”