A property’s fair market value should be used as the benchmark in computing “just compensation” in a partial-takings case. Non-speculative, reasonably calculable benefits that increase the property’s value at the time of the taking should be considered in determining just compensation regardless of whether those benefits are enjoyed to a lesser or greater degree by others in the community. Because the Borough was prohibited from presenting evidence of such benefits, and the trial court erroneously charged the jury as to the calculation method for just compensation, a new trial is required. 7-8-13
