WPI 150.03 Sole Issue Just Compensation
6A WAPRAC WPI 150.03Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.03 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part X-A. Eminent Domain
Chapter 150. Eminent Domain—General Instructions
WPI 150.03 Sole Issue Just Compensation
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. Similarly, you are not to concern yourselves with(name of owners')moving costs, attorney fees, litigation expenses, or interest payments, as those items will be addressed in a separate proceeding.
The sole issue for your determination is the just compensation to be paid by(name of agency)to(name of owners, lenders, etc.).
NOTE ON USE
Use this instruction in every condemnation trial, whether or not it was earlier read to the jury as part of the advance oral instruction, WPI 150.01. The instruction will require modification in an inverse condemnation case in which there is an issue of liability as well as compensation.
COMMENT
A similar instruction was approved in State v. Elder, 70 Wn.2d 414, 423 P.2d 533 (1967). Compensation for the items mentioned in the last sentence of the instruction's first paragraph is governed by RCW 8.25.070, RCW 8.25.075, RCW 8.26.010(5), RCW 8.26.035, and RCW 8.28.040. See, e.g., WAC Chapter 468-100 (addressing property acquisition by the Department of Transportation).
[Current as of October 2016.]
Westlaw. © 2022 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |