The court adopted the severed land doctrine to preclude double damages in the case of state of Texas v. Carpenter. The court held with reference to partial takings that: (1) on a partial taking, where no damage to remainder is claimed, the value of the part taken can be considered as part of the whole tract, thereby approving the proportionate basis of compensation, and (2) damages to remainder caused by severance plus consequential damages to remainder are: severance, and consequential. The case of state v. Meyer modified the carpenter case in a manner permitting double damages rejecting the proportionate value premise. It is concluded that a multitude of uncertainties exist concerning the measurement and adjustment of just compensation. A codification is needed of eminent domain statutes to insure just compensation to affected property owners.
Samenvatting