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AMI 2223 Measure of Damages—Damage to Real Property—Permanent

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2223
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 22. Damages
AMI 2223 Measure of Damages—Damage to Real Property—Permanent
The difference in the fair market value of the land [and its improvements] immediately before and immediately after the occurrence.
NOTES ON USE
This clause is to be inserted between the two paragraphs of AMI 2222 when the evidence justifies its use.
COMMENTS
This instruction embodies the usual measure of damages for a permanent injury to land: Southern Ice & Utilities Co. v. Bryan, 187 Ark. 186, 58 S.W.2d 920 (1933) (construction of a nuisance in a residential district); St. Louis, I.M. & S. Ry. Co. v. Miller, 107 Ark. 276, 154 S.W. 956 (1913) (overflow); St. Louis, I.M. & S. Ry. V. Magness, 93 Ark. 46, 123 S.W. 786 (1909) (diversion of stream); St. Louis, I.M. & S. Ry. Co. v. Ayres, 67 Ark. 371, 55 S.W. 159 (1900) (destruction of growing trees).
In some situations, such as damage to a well, it is a question for the jury whether the damage is permanent or temporary. The correct procedure is then to explain both measures of damages and leave the selection to the jury. Benton Gravel Co. v. Wright, 206 Ark. 930, 175 S.W.2d 208 (1943).
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