Idaho Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-9-9-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

In Idaho, Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions is an essential part of the legal process in cases involving eminent domain or condemnation. This instruction is given to the jury to provide guidance on how to evaluate and determine compensation for partial takings of property. A partial taking occurs when the government or a private entity acquires only a portion of someone's property for public use, such as building a highway or public facility. The Idaho Jury Instruction — 9.9.1 helps the jury understand the principles and factors to consider when assessing the fair market value of the taken portion and any resulting damage or loss to the remaining property. The instruction typically consists of the following components: 1. Definition of Partial Taking: This section explains what constitutes a partial taking and distinguishes it from a complete taking. It clarifies that compensation is required for both the taken portion and any resulting damages to the remaining property. 2. Fair Market Value: The instruction explains the concept of fair market value, which is the price that a willing buyer would pay to a willing seller in the open market. The jury is instructed to consider comparable sales, expert testimony, and other relevant evidence to determine this value. 3. Severance Damages: Often, when a partial taking occurs, the remaining property may be adversely affected, causing a decrease in value. This section instructs the jury to consider any damages to the remaining property caused by the taking. Factors such as access restrictions, change in use, diminished privacy, and noise or visual impacts are taken into account. 4. Special Benefits and Offsetting Advantages: In some cases, the taking may confer special benefits or offsetting advantages on the property owner. This instruction advises the jury to consider such benefits when evaluating the fair compensation. For example, if the taking improves access or enhances the property's value, these factors may offset some damages caused by the taking. 5. Other Factors: The instruction may include additional factors that the jury should consider when determining compensation. This can include the contribution of the property owner to the public project, the economic impact of the taking, and any non-economic considerations such as sentimental value or loss of unique features. Different types of Idaho Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may exist depending on case-specific factors and legal nuances. These could be variations based on the specific nature of the condemnation, the type of property being taken (e.g., residential, commercial, agricultural), or specific circumstances related to the case. It is important for both the jury and the legal professionals involved in eminent domain cases to have a clear understanding of Idaho Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions. Proper application of these instructions ensures that property owners receive fair compensation for their partial takings and any resulting damages.