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WPI150.06.01Measure of Compensation—Easement

6A WAPRAC WPI 150.06.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.06.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
July 2019 Update
Washington State Supreme Court Committee on Jury Instructions
Part X-A. Eminent Domain
Chapter 150. Eminent Domain—General Instructions
WPI 150.06.01 Measure of Compensation—Easement
(Name of agency)seeks to acquire an easement in [a portion of](name of owner's)property. The term “easement” means a right to use the land of another for specific purposes.(Name of owner)will retain the right to use the property for all purposes, except those that are inconsistent with(name of agency's)full use of the easement.
Just compensation means the fair market value of the easement acquired. The fair market value is measured as of [(insert actual date of trial)] [(insert actual date of possession and use/agreed date of value)]. In determining the fair market value of the easement you are not to consider any reduction or increase in the fair market value of the property before the acquisition caused by(name of agency)'s project. In determining the fair market value of the remaining property with the easement, after the acquisition, you are to consider the diminution of the fair market value, if any, of the remaining property with the easement caused by the acquisition.
The fair market value of the easement [is] [may be] measured by the difference between the fair market value of the property before the acquisition and the fair market value of the remaining property with the easement after the acquisition. [The fair market value of the easement acquired [is] [may in the alternative also be] measured by the fair market value of the easement acquired plus any damages caused by such acquisition to the remaining property.]
NOTE ON USE
Use this instruction when an easement is being acquired in the property. See the Note on Use to WPI 150.06 (Measure of Compensation—Partial Taking).
The instruction's second paragraph addresses the alternative methods of valuation. See discussion on valuation in partial takings cases in the Comment to WPI 150.06 (Measure of Compensation—Partial Taking).
Use the date of trial to measure fair market value if possession and use of the property has not been granted to petitioner prior to trial. If an order has previously been entered granting immediate possession and use of the property to petitioner prior to the date of trial or the date of value is otherwise not in dispute, insert the relevant date.
Use bracketed material regarding measure of just compensation in the second paragraph as needed based on the value evidence actually presented. The bracketed words and sentence in the third paragraph are included to allow for an instruction when all parties present value evidence based only on the before and after approach, when the parties present value evidence based on both the before and after approach and the severance damage approach, and/or when all parties present value evidence based only on the severance damage approach. Use the appropriate bracketed phrase(s) regarding the property and/or property rights throughout this instruction.
COMMENT
This instruction is based on Municipality of Metro. Seattle v. Kenmore Properties, Inc., 67 Wn.2d 923, 929–30, 410 P.2d 790 (1966); Keesling v. City of Seattle, 52 Wn.2d 247, 324 P.2d 806 (1958); Pacific Northwest Pipeline Corp. v. Myers, 50 Wn.2d 288, 311 P.2d 655 (1957); and Chase v. City of Tacoma, 23 Wn.App. 12, 594 P.2d 942 (1979). See also 4 Sackman, Nichols, The Law on Eminent Domain § 12D.01[2][c] (rev. 3d ed.).
In a private condemnation case involving an easement by necessity over an existing roadway to land-locked property, the court held that the existing roadway was an improvement and therefore included the original cost of building the roadway in the calculation of just compensation. Shields v. Garrison, 91 Wn.App. 381, 957 P.2d 805 (1998).
See discussion on date of valuation in the Comment to WPI 150.05 (Measure of Compensation—Total Taking).
[Current as of October 2016.]
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