Virginia 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.

Virginia Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions is a legal guideline provided to members of the jury in Virginia who are tasked with deciding cases related to eminent domain and partial taking of property. This instruction outlines the essential factors and considerations the jury should deliberate on while determining the compensation owed to property owners when the government exercises its power of eminent domain. This jury instruction is crucial in cases where the government, or its designated entity, acquires only a portion of an owner's property for a public use project while leaving the remaining portion still under the owner's control. The purpose of this instruction is to ensure a fair and equitable evaluation of the property value taken and consequent damages imposed. Key factors addressed in Virginia Jury Instruction — 9.9.1 include: 1. Scope of the Taking: This instruction explains that the jury must first determine the extent of the partial taking. The jury should assess the physical area and economic impact of the taking, specifically identifying the land, structures, and rights affected. 2. Calculation of Compensation: The instruction guides the jury on the valuation of the taken property. It emphasizes that the compensation awarded should reflect both the value of the property taken and the resulting damages to the remaining property, such as loss of access or reduction in market value. 3. Fair Market Value: The instruction highlights the importance of determining the fair market value of the property at the date of the taking. The jury must consider various factors while evaluating the property's value, such as its highest and best use, comparable sales, and expert appraisals. 4. Severance Damages: In cases where a partial taking negatively affects the remaining property's value, the instruction advises the jury to award severance damages. Severance damages compensate the property owner for the loss incurred due to the diminished value of the remaining property caused by the taking. 5. Elements of Compensation: This instruction enumerates the different elements that the jury should include in its final compensation award. These typically include the fair market value of the taken property, any reasonable expenses incurred by the owner relating to the proceedings, and severance damages if applicable. It's important to note that while Virginia Jury Instruction — 9.9.1 provides a general framework for evaluating compensation in partial taking cases, there may be other specific instructions applicable to different scenarios. These instructions could address unique situations such as compensation for temporary takings, easements, or specific property types, and should be followed accordingly.