WPI150.07.01What Benefits May Be Offset
6A WAPRAC WPI 150.07.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.07.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
July 2019 Update
Part X-A. Eminent Domain
Chapter 150. Eminent Domain—General Instructions
WPI 150.07.01 What Benefits May Be Offset
The benefits, if any, that may be offset are those that accrue to the remaining property as a result of(name of agency's)project and are special to the remaining property.
Special benefits are those that add value to the remaining property as distinguished from those arising incidentally and enjoyed by the public generally. Benefits may be special even though other owners receive similar benefits.
If you find that the fair market value of the property has been increased as the result of(name of agency's)project, that increase is a special benefit.
NOTE ON USE
Use this instruction with WPI 150.07 (Measure of Compensation—Partial Taking—Benefits), or WPI 150.06.02 (Just Compensation—Temporary Occupancy), when there is an issue of whether or not the claimed benefits are special.
See State v. Green, 90 Wn.2d 52, 578 P.2d 855 (1978) (approving the definition of special benefits in an earlier version of this instruction).
In Lewis v. City of Seattle, 5 Wash. 741, 32 P. 794 (1893), the court held that benefits may be special to a piece of property even though neighbors across the street may have received the same benefits for which they do not have to pay because they are not involved in any condemnation action.
If the fair market value of the remainder is enhanced as a result of the project, the increase is a special benefit. State v. Templeman, 39 Wn.App. 218, 221, 693 P.2d 125 (1984); Spokane Traction Co. v. Granath, 42 Wash. 506, 85 P. 261 (1906); State v. Kelley, 108 Wash. 245, 182 P. 942 (1919). It is not necessary to define general benefits. State v. Templeman, 39 Wn.App. at 221.
[Current as of October 2016.]
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