State ex rel. These rights include the right to build a wharf, pier, or bulkhead and to fill the ground underneath it, subject only to the reasonable probability of getting permits. Your determination of fair market value must therefore take into consideration the value of any easements. They are the benefits that accrue to the owners of property within the usable range of the public work. A special benefit is one that accrues directly and proximately to the particular land remaining after a partial taking by reason of the construction of the public work on the part of the land that was taken, as reflected in an increase in market value of the remaining land.
Special benefits arise from the peculiar relation of the land to the public improvement.
A benefit may be special even if it is not unique to the particular property at issue. A benefit does not cease to be special merely because it is enjoyed by other residents in the immediate neighborhood. To be considered at all, a benefit must not be so remote or speculative that it cannot be fairly and accurately measured in dollars and cents. Benefits cannot be considered if they constitute only future possibilities and do not enhance the present value of the property allegedly benefitted, but benefits may be considered if they are fairly sure to be realized. Acierno v. State ex rel.