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WPI150.12View

6A WAPRAC WPI 150.12Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.12 (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 150.12 View
You have been permitted to view a site involved in this case for the sole purpose of helping you understand the evidence presented to you in this courtroom. What you actually saw at the site or its surrounding area is not evidence. [The conditions and physical features at the site on the day of your visit may or may not have changed from those existing on the date you are to use in valuing the property.] You are to rely solely on the testimony of witnesses and on the exhibits in order to decide issues involving the physical characteristics or appearance of the site [on the property's valuation date].
NOTE ON USE
Use this written instruction when the jury has been permitted to view the premises being condemned. It may be used in an inverse condemnation or other case when the issues involve the damage or value of particular property.
The judge should also orally instruct the jurors before they view the site. See WPI 6.03 (View—Before Visiting a Site) (appropriate modifications will need to be made for an eminent domain case).
Use the bracketed sentence and insert the relevant date in the last bracketed clause if the jury is to value the property as of a date other than the date of trial.
COMMENT
The instruction is based on the pattern instruction on jury views for use in general civil cases, WPI 2.14 (View of Site is Not Evidence) (with modification to use terminology specific to eminent domain cases). In its previous shorter form, WPI 150.12 was quoted with approval in State v. Williams, 68 Wn.2d 946, 416 P.2d 350 (1966).
The court may allow, by agreement, certain features to be pointed out by the lawyers. See WPI 6.03 (View—Before Visiting Site).
The sole purpose of a view is to give help in understanding the evidence. Petition of City of Seattle to Acquire Certain Property in Moore's Five Acre Tracts, 49 Wn.2d 247, 299 P.2d 843 (1956). See Comments to WPI 2.14 (View of the Site is Not Evidence) and WPI 6.03 (View—Before Visiting a Site).
The instruction's bracketed sentence relates to changes in the condition or features of the property between the date upon which the property is to be valued and the date of the jury's visit. Jurors should not be instructed as to changes in circumstances in those eminent domain cases in which the property is to be valued as of the date of the trial. See discussion on date of valuation in the Comment to WPI 150.05 (Measure of Compensation—Total Taking).
[Current as of October 2016.]
End of Document