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WPI150.14Manner of Construction and Use—Partial Taking

6A WAPRAC WPI 150.14Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.14 (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 150.14 Manner of Construction and Use—Partial Taking
In your deliberations regarding the market value of the property, you must assume that(name of agency's project)will be constructed, maintained, and operated in a proper and lawful manner.
Use this instruction in a partial taking case in which inferences might be drawn from the testimony that petitioner's project would not be properly constructed and maintained.
Failure to give such an instruction was held error in Pacific Northwest Pipeline Corp. v. Myers, 50 Wn.2d 288, 311 P.2d 655 (1957).
[Current as of October 2016.]
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