WPI 151.02 Access, Light, View, and Air—Measure of Compensation
6A WAPRAC WPI 151.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 151.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part X-A. Eminent Domain
Chapter 151. Eminent Domain—Special Instructions
WPI 151.02 Access, Light, View, and Air—Measure of Compensation
Just compensation is the difference between the fair market value of the property before the acquisition of the rights of [access] [light] [view] [and] [air] and the fair market value of the property after the acquisition of such property rights.
NOTE ON USE
Use this instruction when rights of access, light, view, or air are being acquired rather than the total ownership of a portion of the property.
Select the applicable bracketed word or words.
COMMENT
When access rights are taken or damaged, the before and after rule is the measure of compensation. Housing Authority of City of Seattle v. Brown, 68 Wn.2d 485, 413 P.2d 635 (1966); State v. Ward, 41 Wn.2d 794, 252 P.2d 279 (1953); Kincaid v. City of Seattle, 74 Wash. 617, 134 P. 504 (1913).
This measure may need to be qualified when non-compensable damages are also involved, such as those resulting from installation of a center median barrier or other traffic control devices allowed without compensation under the exercise of the police power. See State v. Williams, 64 Wn.2d 842, 394 P.2d 693 (1964); State v. Fox, 53 Wn.2d 216, 332 P.2d 943 (1958); Central Puget Sound Regional Transit Authority v. Heirs and Devisees of Eastey, 135 Wn.App.446, 144 P.3d 322 (2006). See discussion of noncompensable damages in the Comment to WPI 150.06 (Measure of Compensation—Partial Taking).
[Current as of October 2016.]
Westlaw. © 2022 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |