§ 136-112. Measure of damages.

§136‑112.  Measure of damages.

The following shall be themeasure of damages to be followed by the commissioners, jury or judge whodetermines the issue of damages:

(1)        Where only a part ofa tract is taken, the measure of damages for said taking shall be thedifference between the fair market value of the entire tract immediately priorto said taking and the fair market value of the remainder immediately aftersaid taking, with consideration being given to any special or general benefitsresulting from the utilization of the part taken for highway purposes.

(2)        Where the entiretract is taken the measure of damages for said taking shall be the fair marketvalue of the property at the time of taking. (1959, c. 1025, s. 2.)