WPI 150.13 Agency Plans—Partial Taking
6A WAPRAC WPI 150.13Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.13 (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 150.13 Agency Plans—Partial Taking
(Name of agency)has introduced evidence showing the particular manner in which it will use the property being acquired. In determining compensation, you must assume that(name of agency)will use the property in accordance with this evidence. You are to consider this evidence as it may affect the fair market value of(name of owner's)remaining property.
NOTE ON USE
Use this instruction in partial taking cases in which petitioner presents evidence of the particular manner in which it intends to use the property being acquired.
COMMENT
In order to prevail, the petitioner must present evidence of the proposed use it intends to make of the property being acquired. See State v. Basin Development & Sales Co., 53 Wn.2d 201, 204, 332 P.2d 245 (1958).
Just compensation is determined according to the petitioner's proposed use for the property. State v. Basin Develop. & Sales Co., 53 Wn.2d at 204; State v. Ward, 41 Wn.2d 794, 252 P.2d 279 (1953). In Ward, the court explained that the “damages suffered and to be paid for are those occasioned by the particular plan [the petitioner] adopts,” and jurors should not be instructed as to “such hypothetical situations as exist only in [the property owners'] minds.” State v. Ward, 41 Wn.2d at 797.
[Current as of October 2016.]
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