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6A WAPRAC WPI 150.09Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.09 (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 150.09 Uses
In determining just compensation, you should take into consideration any and all uses to which the property in question is adaptable as of [(insert actual date of trial)] [(insert actual date of possession and use/agreed date of value)]. You also should take into consideration the existing demand for such property within the market where the property is situated or such demand as may be reasonably expected in the reasonably near future.
Use this instruction in every condemnation trial.
Use the date of trial 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.
The original source of the instruction's language is Mississippi & Rum River Boom Co. v. Patterson, 98 U.S. 403, 25 L.Ed. 206 (1878) (quoted in Ham, Yearsley & Ryrie v. Northern Pac. Ry. Co., 107 Wash. 378, 385, 181 P. 898 (1919)). Similar instructions were given in State v. Elder, 70 Wn.2d 414, 423 P.2d 533 (1967), and State v. Tumwater Lumber Mills Co., 194 Wash. 411, 78 P.2d 160 (1938).
The appropriate measure of market value takes into consideration any and all uses to which the property is adaptable, not simply its highest and best use. State v. Rowley, 74 Wn.2d 328, 444 P.2d 695 (1968); King County v. Crawford & Conover, 92 Wash. 195, 158 P. 733 (1916); see State v. Hobart, 5 Wn.App. 469, 471, 487 P.2d 635 (1971) (“In determining highest and best use, evidence of prior, present and future use in light of reasonably anticipated demands is admissible.”).
[Current as of October 2016.]
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