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ARGUMENT <br /> Every citizen has a Constitutional right to receive just compensation when the <br /> government takes his land through eminent domain. See, Minn.Const. Art. I, § 13; Port <br /> # Authority of City of St. Paul v. Englund, 464 N.W.2d 745 (Minn.App.1991). Neither the <br /> Constitution nor the eminent domain statute provide specific guidance on how just <br /> compensation is to be determined. See generally, Minn.Stat. § 117 et seq. <br /> • <br /> As a general rule, the courts rely on the market value analysis of the rights taken. Just <br /> compensation includes all elements of value, which inhere in the property, but it does not <br /> exceed market value fairly determined. City of St. Paul v. Rein Recreation, Inc., 298 N.W.2d <br /> 46, 49 (Minn.1980). In cases where part of a tract is taken, the compensation is the difference <br /> between the market value of the entire tract as it was before the taking and the market value of <br /> • <br /> the remaining tract after taking away the part. In re Improvement of Third St., St.Paul, 225 <br /> N.W.92, 93 (Minn.1929). The determination of value is to be made in the light of all facts <br /> • affecting the market value including the highest and best use of the property. Rein Recreation, <br /> Inc., 298 N.W.2d at 49. <br /> Respondents contend that the highest and best use of the property is residential <br /> 4 <br /> subdivision. They further assert that before the taking their land was comprised of six <br /> individual buildable lots based on the original Mark One plat of 1972. Respondents claim that <br /> • the County effectively destroyed three of the lots by reducing their size thus rendering these <br /> lots unbuildable. Therefore, Respondents demand that the County should compensate not only <br /> the value of the land actually taken, but also damages resulting to the entire Parcel 29, that is, <br /> 0 <br /> the loss of three buildable lots. <br />• 4 <br />