§ 3-6. Only part of property needed.

(a) Acceptance of whole.

(1) In every case where:

(i) it shall be necessary, in order to effect the object proposed, under any of the ordinances provided for laying out, opening, widening, or straightening, in whole or in part, any street, square, lane, or alley, that a portion only of a lot or of a lot and improvements shall be taken and used or destroyed; and

(ii) the owner or owners thereof shall claim to be compensated for the whole;

the Department of Transportation in such cases may, if it deems it best, and not otherwise, accept a surrender in writing of the whole of the lot or the whole of the lot and improvements, or the whole of the improvements, from the owner or owners.

(2) In that event, the Department of Transportation:

(i) shall ascertain the full value thereof as if the whole lot, or lots and improvements, or improvements, as the case may be, were necessary to be taken and used for the proposed object; and

(ii) the whole amount of the valuation, when finally decided on, shall be paid or tendered to the owner or owners before any part thereof shall be destroyed, removed, or used, unless the owner or owners assent thereto in writing as now provided for by law.

(b) Taking only part.

Provided, however, that where, in the judgment of the Director of Transportation, only a part of the whole of a lot or a part of the whole of the improvements on any lot, can be taken without destroying the whole of the lot or improvements, for the purpose for which the lot or improvements are used, or for building purposes, then the Department of Transportation shall:

(1) condemn only that part of the whole lot or improvement that is necessary for the proposed object; and

(2) shall award to the owner or owners of the part of the lot or improvements so taken, such damages, and assess upon the remainder thereof such benefits as in its judgment shall be right and proper.