New York 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.

New York Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions is a set of legal guidelines provided to jurors in New York when they are deliberating on cases involving eminent domain or condemnation actions by the government. This instruction focuses on cases where the government is seeking to acquire only a portion of someone's property. This type of jury instruction is crucial in ensuring that jurors have a clear understanding of the legal principles and procedures involved in partial taking cases. It provides them with the necessary guidance to determine fair compensation for the property owners and assess the impact of the partial taking on the remaining property. Key components of the New York Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may include: 1. Definition of Partial Taking: This instruction would define what constitutes a partial taking, explaining that it occurs when the government acquires only a portion of a property while leaving the property owner with the remainder. 2. Standard for Determining Compensation: The instruction would explain the standard for determining fair compensation in partial taking cases. It may include factors such as the market value of the portion taken, any decrease in value of the remaining property, and damages incurred by the property owner. 3. Consideration of Special Benefits or Damages: The instruction may instruct jurors to consider any special benefits or damages resulting from the partial taking, such as improved access, better infrastructure, or negative impacts on the remaining property. 4. Expert Testimony: The instruction might provide guidance on how jurors should evaluate expert testimony presented by both parties. It would emphasize the importance of considering the credibility, qualifications, and methodology employed by the experts. 5. Burden of Proof: The instruction may clarify the burden of proof placed on the parties involved in the case. It could explain that the government has the burden to show the necessity of the partial taking and the property owner has the burden to establish the value of the taken portion and any damages to the remaining property. 6. Deliberation Process: The instruction might outline the jurors' responsibilities during deliberations, encouraging them to carefully consider the evidence presented, apply the relevant law, and reach a fair and just decision. Different types or variations of New York Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may exist depending on the specific details and circumstances of each case. Jury instructions are tailored to address the unique elements and legal considerations present in individual trials, and may be modified or supplemented to suit the case at hand.