Home Table of Contents

WPI150.10Factors—Partial Taking

6A WAPRAC WPI 150.10Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.10 (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 150.10 Factors—Partial Taking
In deciding what compensation should be paid for damages, if any, to the remainder of the property, you should take into consideration the uses for which the land is adaptable before and after the acquisition, the character and quality of the property, the shape and condition in which such remaining property is left, the convenience of using the property before and after such acquisition, and such other factors as you believe would affect the fair market value of the property.
NOTE ON USE
Use this instruction in partial takings cases in which damages to the remaining property are claimed. Use this instruction along with WPI 150.06 (Measure of Compensation—Partial Taking) or in the alternative with WPI 150.07 (Measure of Compensation—Partial Taking—Benefits).
COMMENT
This instruction is a modification of an instruction quoted in State v. Calkins, 50 Wn.2d 716, 314 P.2d 449 (1957). See Idaho & W. Ry. Co. v. Coey, 73 Wash. 291, 131 P. 810 (1913). It is error to instruct on specific claimed items of damage after instructing that the measure of compensation is the “before and after” rule. Pacific Northwest Pipeline Corp. v. Myers, 50 Wn.2d 288, 311 P.2d 655 (1957). See State v. Rowley, 74 Wn.2d 328, 444 P.2d 695 (1968).
See discussion on valuation in partial takings cases in the Comment to WPI 150.06 (Measure of Compensation—Partial Taking).
[Current as of October 2016.]
End of Document