Section 4.3.4

4.3.4. Criteria for Analysis.In determining the larger parcel, federal courts consider unity of use, unity of ownership (title), and physical unity (proximity or contiguity) as it relates to highest and best use—factors historically called the three unities.362 Because this analysis typically involves questions of law as well as fact, appropriate legal instructions are often required.363 

  • Section 4.3.4.1 Unity of Use.The key question in determining the larger parcel is wheth...
  • Section 4.3.4.2 Unity of Ownership (Title).The larger parcel must also have unity of ow...
  • Section 4.3.4.3 Physical Unity (Contiguity or Proximity).Under federal law, physical un...
  • Section 4.3.4.4 Legal Instructions.While the larger parcel must ultimately be determine...
  • Section 4.3.4.5 Special Considerations in Partial Acquisitions.In partial acquisitions,...
  • Section 4.3.4.6 Special Considerations in Riparian Land Acquisitions.When developing an...
  • Section 4.3.4.7 Special Considerations in Land Exchanges.Different considerations may b...
  • Section 4.3.4.8 Special Considerations in Inverse Takings.Determining the larger parcel...