WPI 151.10 Plans of Owner
6A WAPRAC WPI 151.10Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 151.10 (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 151.10 Plans of Owner
You may consider the owner's particular plans for development and use of the property only for the purpose of determining uses to which the property would have been adaptable as of [(insert actual date of trial)] [(insert actual date of possession and use/agreed date of value)] absent(name of agency's)project. You shall not consider such plans to determine loss of earnings or profits that may be claimed by the owner, because such losses are not compensable.
NOTE ON USE
Use this instruction if an attempt has been made to establish value by showing plans of the owner for future development of the property.
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.
COMMENT
An owner's plans for use of property are admissible to show a use to which the property is adaptable. Such evidence is not admissible, however, as direct evidence of value or to show damages by way of lost earnings or profits. State v. Larson, 54 Wn.2d 86, 338 P.2d 135 (1959); State v. Mottman Mercantile Co., 51 Wn.2d 722, 321 P.2d 912 (1958); Seattle, P.A. & L.C. Ry. v. Land, 81 Wash. 206, 142 P. 680 (1914).
[Current as of October 2016.]
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