Title 22, Chapter 2, Section 63
( 22-2-63)
The assessors, or a majority of them, shall assess the value of the
property or interest taken or used, or the damage done, shall assess
the consequential damages to the property or interests not taken,
and shall deduct from such consequential damages the consequential
benefits to be derived by the owner from the operation of the
franchise by the condemnor or from the carrying on of the business
of the condemnor, provided that the consequential benefits assessed
shall in no case exceed the consequential damages assessed;
provided, further, that nothing in this Code section shall be so
construed as to deprive the owner of the actual value of his
property or interest so taken or used. |