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WPI150.01Advance Oral Instruction—Beginning of Proceedings

6A WAPRAC WPI 150.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.01 (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 150.01 Advance Oral Instruction—Beginning of Proceedings
(Incorporate this instruction into WPI 1.01:)
This is a civil case by(name of agency)against(names of parties). It arises out of an action started by(name of agency)to acquire(describe property)for public use. Such an action is called a condemnation action.
Under our constitution, private property may not be taken or damaged for public use without the payment of just compensation. You are not to concern yourselves with the wisdom of(name of agency's)project or the appropriateness of the acquisition involved in this action. The sole issue for your determination will be the just compensation to be paid by(name of agency)to(name of owners, lenders, etc.).
NOTE ON USE
Give this instruction in every eminent domain action, including inverse condemnations. The instruction is to be incorporated into the judge's oral instruction given at the beginning of the trial, WPI 1.01 (Advance Oral Instruction—Beginning of Proceedings). The instruction may also be incorporated into WPI 1.02 (Conclusion of Trial—Introductory Instruction), if jurors might still be confused at the end of the trial as to the relationships among the parties.
For inverse condemnation cases, the instruction will need to be modified as to the alignment of the parties.
COMMENT
The instruction's second paragraph will assist the potential jurors in understanding the basic issues before jury selection begins. The paragraph is adapted from WPI 150.03 (Sole Issue Just Compensation). WPI 150.03 (Sole Issue Just Compensation) should still be included as part of the final written instructions.
See Comments to WPI 1.01 (Advance Oral Instruction—Beginning of Proceedings) and WPI 1.02 (Conclusion of Trial—Introductory Instruction).
[Current as of October 2016.]
End of Document