Footnote 1108
1108 Cf. Birnbach, 400 F.2d at 382-83 (holding that in determining damage to remainder property in partial taking affected by navigational servitude, an “important distinction must be made so that the enhancement in value ‘flowing’ from a riparian location may not be recognized when the riparian character of the [remainder] land is destroyed”). While Birnbach predated § 595a, the statute did not change the compensation for damage to remainder property. See Pete, 447 F.2d at 770-71 (discussing Birnbach and § 595a).1109 As discussed in Section 4.6.4.1, the taking plus damages valuation method (the State Rule) is generally improper in valuations for federal acquisition purposes. It cannot be used in federal acquisitions (under § 595a or otherwise) without appropriate legal instructions. SeeeATon,supra note 16, at 30-40 (discussing taking plus damages valuation methods); see also United States v. 97.19 Acres of Land, 582 F.2d 878, 880-81 (4th Cir. 1978); United States v. 344.85 Acres of Land, 384 F.2d 789, 792 (7th Cir. 1967).