- Injured; the equivalent of "taken" under most eminent domain statutes. 26 Am J2d Em D § 158. As applied to property, the word "damaged" imports some disturbance to its intrinsic value; some damage to the property considered as property, and it does not include damages consequential from a wrong done in taking away property and thus rendering its owner unable to realize the real value of property not taken or damaged. Price v United States, 174 US 373, 378, 43 L Ed 1011, 1014, 19 S Ct 765. The insertion of the word "damaged," or a similar word in a constitutional provision for compensation has generally been considered necessary to justify an award of damages for the obstruction or diversion of, or other interference with, surface water by a public improvement. But in some cases the word "taking" alone has been construed to require the payment of compensation for damages resulting from such obstruction or interference. Anno: 128 ALR 1196.
Ballentine's law dictionary. Anderson, W.S.. 1998.