WPI 150.02 Issues
6A WAPRAC WPI 150.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part X-A. Eminent Domain
Chapter 150. Eminent Domain—General Instructions
WPI 150.02 Issues
This is an action brought by(name of agency)for the purpose of acquiring certain [property] [and] [property rights] as described in evidence admitted in this case. [This property is] [These property rights are] sought by(name of agency)for(nature of project). You are to decide the amount of just compensation to be paid by(name of agency)to(name of owners, lenders, etc.).
NOTE ON USE
Use bracketed material as applicable.
In an appropriate case, the particular rights being acquired may be stated in detail, rather than being referred to as “property” or “property rights.”
In an inverse condemnation case, draft an appropriate instruction on issues and include instructions on burden of proof. See WPI Chapter 20 (Issues in the Case) and WPI Chapter 21 (Burden of Proof).
COMMENT
An earlier version of WPI 150.02 was approved in State v. Elder, 70 Wn.2d 414, 423 P.2d 533 (1967). The version approved in Elder is substantially the same as the current instruction.
The practice of giving an issues instruction stating the specific purpose for which the property was acquired was held not to be error in State v. Hobart, 5 Wn.App. 469, 487 P.2d 635 (1971).
[Current as of October 2016.]
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