Harris Texas Jury Instruction 9.9.1 is a general instruction used in jury trials to provide guidance to the jurors regarding partial taking instructions in eminent domain cases. Eminent domain refers to the government's power to take private property for public use, typically accompanied by fair compensation to the affected property owner. This instruction helps the jury understand the legal framework for determining compensation when only a portion of the property is taken by the government. It lays out the guidelines for calculating just compensation, which is the amount the government must pay to the property owner to fairly compensate them for the loss of their property. The instruction may include the following essential elements: 1. Explanation of partial taking: The instruction defines a partial taking, which occurs when the government acquires a portion of the property while leaving the remaining portion with the property owner. It clarifies that just compensation must be awarded for both the property taken and any damages or decrease in value to the remaining property. 2. Valuation principles: The instruction provides a summary of the principles and methodologies used to determine fair compensation for the taken property. This may include market value appraisal, cost of repairs or improvements, and other factors that impact the property's value. 3. Scope of damages: The instruction outlines the types of damages that may be considered in determining compensation for a partial taking. These damages could encompass the loss of access, loss of visibility, impairment of ongoing business operations, and other significant impacts on the property's value. 4. Factors to consider: The instruction may instruct jurors to consider certain factors when assessing the amount of compensation, such as the property's highest and best use, its before-and-after values, the duration and extent of the disruption caused by the taking, and any other relevant circumstances. Different variations or subtypes of Harris Texas Jury Instruction 9.9.1 might exist to address specific nuances or unique circumstances related to partial taking cases. However, without additional information, it is difficult to provide specific names or variations of this instruction. Overall, Harris Texas Jury Instruction 9.9.1 serves as a crucial guide to jurors in understanding the legal standards and considerations involved in determining just compensation for partial takings in eminent domain cases. It ensures a fair assessment of the property owner's rights and interests, aiming for a balanced outcome that respects both private property rights and the public interest.