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AMI 2005 Damages—Complete Taking

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2005
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 20. Eminent Domain
AMI 2005 Damages—Complete Taking
(The property owner) is entitled to recover the fair market value of the property taken as of the date of the taking. In arriving at the fair market value of the property at the date of the taking, you should not in any way consider how much the property taken may be worth to the public for those purposes to which it will be applied by (the condemning authority).
NOTE ON USE
Use this instruction when the condemning authority has taken the entire tract of land owned by the property owner.
COMMENT
This instruction is modeled in part after O'Malley, Grenig and Lee, Federal Jury Practice and Instructions § 154:50 (6th ed.). See also Ark. State Highway Comm'n v. Delaughter, 250 Ark. 990, 1001, 468 S.W.2d 242, 247 (1971) (stating in dicta that the compensation due the owner is the fair market value of the land at the date of the taking).
Where there is no claim for severance damages, the just compensation for the land condemned is the fair market value of the land at the time of the taking. See id., 468 S.W.2d at 247.
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