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WPI150.07Measure of Compensation—Partial Taking—Benefits

6A WAPRAC WPI 150.07Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.07 (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 150.07 Measure of Compensation—Partial Taking—Benefits
Just compensation means the fair market value of the [property] [and] [property rights] 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 [property] [and] [property rights], you shall consider as an element of the property's value after the acquisition any special benefits accruing to the remaining property as a result of(name of agency's)project, as well as any damages caused by the acquisition. The fair market value of the [property] [and] [property rights] acquired [is] [may be] measured by the difference between the fair market value of the entire property before the acquisition and the fair market value of the property remaining after the acquisition.
[The fair market value of the [property] [and] [property rights] [is/are] [may also be] measured by the fair market value of the [property] [and] [property rights] acquired before the acquisition plus, in addition, any damages or special benefits caused by such acquisition to the remaining property.]
NOTE ON USE
WPI 150.06 (Measure of Takings—Partial Takings) and 150.07 are to be used in the alternative depending upon whether special benefits are claimed.
The instruction's second paragraph addresses the alternative methods of valuation (see discussion of valuation in partial takings cases in the Comment to WPI 150.06 (Measure of Takings—Partial Takings)).
Use this instruction, instead of WPI 150.06 (Measure of Compensation—Partial Taking), when only part of the property is being acquired, offsetting benefits from the project are claimed, the effect on market value is the measure of compensation, and the owner has elected under RCW 8.25.220 to have special benefits considered as part of just compensation.
Use the bracketed material regarding measure of just compensation in the second paragraph as needed based on the evidence presented. The bracketed words and sentence in the second 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.
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.
If there is an issue whether claimed benefits qualify for an offset, use this instruction along with WPI 150.07.01 (What Benefits May Be Offset).
COMMENT
See State v. Templeman, 39 Wn.App. 218, 693 P.2d 125 (1984) (approving another similar instruction from a previous edition).
Offsetting benefits. Benefits generally may be offset against the value of the taking as well as against damages. See RCW 8.04.080, 8.08.040, 86.09.211, and 86.09.214; but see RCW 8.12.190 relating to cities. Benefits must be such as can be ascertained with reasonable definiteness and not merely speculative. Great Northern Ry. Co. v. State, 102 Wash. 348, 173 P. 40 (1918). Special findings may be required when benefits are involved. RCW 8.12.190 and 87.03.145. State v. Gilliam, 146 Wash. 6, 262 P. 138 (1927).
Benefits that may be offset are limited to those that will be enjoyed by the remainder of the tract that is used with, contiguous to, and in the same ownership as the part taken. In re Queen Anne Boulevard, 77 Wash. 91, 137 P. 435 (1913).
Municipal corporations. When rights of way are appropriated, municipal corporations may offset benefits. Constit., art. I, § 16, amendment 9. This right remains until taken away by the Legislature. State ex rel. Eastvold v. Yelle, 46 Wn.2d 166, 279 P.2d 645 (1955); Lewis v. City of Seattle, 5 Wash. 741, 32 P. 794 (1893). The state is a municipal corporation and is entitled to offset benefits, Great Northern Ry. Co. v. State, 102 Wash. 348, as is a county. Little v. King County, 159 Wash. 326, 293 P. 438 (1930).
Other corporations. Corporations “other than municipal” cannot offset benefits. Enoch v. Spokane Falls & N. Ry. Co., 6 Wash. 393, 33 P. 966 (1893). In light of the holdings cited above extending the definition of “municipal corporation” to include the state and counties, it appears that the distinction being drawn is more between public and private corporations than between municipal corporations and other corporations. See also City of Tacoma v. Taxpayers of Tacoma, 49 Wn.2d 781, 798, 307 P.2d 567 (1957) (referring to “a municipal corporation or a public corporation” with regard to eminent domain powers), reversed on other grounds at 357 U.S. 320, 78 S.Ct. 1209, 2 L.Ed.2d 1345 (1958).
Delayed determination of benefits. An owner has a statutory option of deferring the determination of benefits to a later trial. RCW 8.25.220 to .260; State v. Green, 90 Wn.2d 52, 578 P.2d 855 (1978).
Date of valuation. See the discussion on date of valuation in the Comment to WPI 150.05 (Measure of Compensation—Total Taking).
[Current as of October 2017.]
End of Document