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AMI 2008 Fair Market Value—Factors to Consider

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2008
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 20. Eminent Domain
AMI 2008 Fair Market Value—Factors to Consider
In determining the fair market value of property, you may consider not only the opinions of the various witnesses who testified as to market value, but also all other evidence in the case which may aid in determining market value, such as location of the property, the surroundings and general environment, any particular suitability of the property for particular uses, and the reasonable probabilities as to future potential uses, if any, for which the property was suitable or physically adaptable, all as shown by the evidence at the time of taking.
COMMENT
This instruction is modeled after O'Malley, Grenig and Lee, Federal Jury Practice and Instructions § 154:51 (6th ed.), and it is based on Arkansas State Highway Commission v. Post, 330 Ark. 369, 955 S.W.2d 496 (1997); Arkansas State Highway Commission v. First Pyramid Life Insurance Co., 269 Ark. 278, 602 S.W.2d 609 (1980); and Arkansas Power & Light Co. v. Childers, 253 Ark. 894, 489 S.W.2d 776 (1973).
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