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In re Cartway Petition July 9'2OlZ Page Gof9 60 feet wide. The only reasonable solution is to allow public use of the entire width of the cartway and to define the cartway to include the entire 60 foot wide width of the cartway to a[Iow for snow storage. V. Damages Due to the Association Members Upon the Taking As with any use of eminent domain authority, the Association Members are entitled to damages for the taking. If the City establishes a cartway upon the Association's private road, Mr. Johnson is required to pay damages to the affected Landowners. Minn.Stat. §435.37, subd. 1(c). It is the City's statutory obligation to determine damages by a preponderance of the evidence. Slayton Gun Club u Town ofShetekl76N.VV.2d544,547(&8imn.197O). Because the establishment of a cartway is use of eminent dornain, the measure of damages used is the same as those employed in determining damages in a partial taking. Bruns v. Town Board of Nicollet To, 243 N.W. 7 (Minn. 1932). In a partial taking , ^[]the measure of damages is ordinarilythe difference between the market value o[ the entire tract before the taking and the market vatue of what is left after the taking." Alexandria Lake Area Service Region v. /ohnson.295 N.VV.2d 588, 590 (Minn. 1980). These damages are referred to as severance damages. That can also include other damages such as the cost of restoring the remaining property to a condition that will make it available for use after the taking." Id. In eminent domain proceedings, the cost of improvements can also be included in the damages award. Iowa f]ec Light & Power Co. v. City of Fairmont, 67 N.W.2d L41, 47 (Minn, 1954). On )une 29, 2012' an appraisal was completed by Wendy Walker, MAI, ARA, RPRA. The Appraisal is attached hereto as Exhibit 2 and incorporated herein by reference. Ms. Walker divided the valuation impact on the affected property owners into three categories; a) the vatue of the easement being taken, b) the value of the private improvements the City Council is contemplating taking for pubtic use and c) the severance damage - the reduction in value of the remaining property that continues to be owned by the affected property owners, but with a public road instead ofa public road. A. Easement Value The appraisal values the land at $0.50 per square foot or $65.653.00 for the value of the right-of-way being considered for pubLic use.