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AMI 2012 Evidence as to Purchase Price of Property Taken

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2012
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 20. Eminent Domain
AMI 2012 Evidence as to Purchase Price of Property Taken
Evidence has been received as to the purchase price of the property when acquired by (the property owner). In arriving at your conclusion as to the fair market value of the property at the time of taking, the price paid by (the property owner) constitutes one transaction in the vicinity that you may consider, along with the other evidence.
NOTE ON USE
Use this instruction only if evidence of the purchase price of the property when acquired by the property owner has been received.
COMMENT
This instruction is modeled after O'Malley, Grenig and Lee, Federal Jury Practice and Instructions § 154:62 (6th ed.). The prior sale of the property to the property owner is admissible if recent, voluntary, and between parties who were “capable and desirous of protecting [their] own interests” and if no change in conditions or fluctuations in value have occurred since the sale. Ark. Power & Light v. Llewellyn, 268 Ark. 839, 840, 595 S.W.2d 712, 712 (1980) (evidence of prior sale admissible five years from the landowner's purchase to the date of taking); Ark. State Highway Comm'n v. Hubach, 257 Ark. 117, 118, 514 S.W.2d 386 (1974) (evidence of prior sale admissible four years and four months from the landowner's purchase to the date of taking).
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