California Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-9-9-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. California Jury Instruction 9.9.1, also known as the General Instruction — Including Partial Taking Instructions, is a legal guideline that provides instructions to the jury in cases involving partial takings of property. This instruction is designed to educate the jurors on the applicable law and guide them when determining compensation for the property owners. In cases of eminent domain or condemnation proceedings, the government may acquire only a portion of the property from the owner, resulting in a partial taking. When this happens, it is crucial to establish a fair and just compensation for the owner based on the loss incurred. The purpose of California Jury Instruction 9.9.1 is to outline the factors and considerations the jury should take into account when assessing the damages resulting from a partial taking. The instruction covers various aspects to ensure a comprehensive evaluation of the extent and impact of the partial taking on the property owner. This instruction may include the following types of California Jury Instruction 9.9.1 General Instruction, depending on the specific circumstances of the case: 1. Evaluation of Property Value: The jury is instructed to assess the fair market value of the property both before and after the partial taking. This allows them to determine the decrease in value caused by the government's acquisition. 2. Damages for Loss of Use: In some cases, the partial taking might restrict or limit the property owner's ability to use the remaining portion of their property. The instruction may guide the jury on considering damages for this loss of use. 3. Severance Damages: If the partial taking negatively affects the value or functionality of the remaining property, the instruction may direct the jury to award severance damages. This compensates the property owner for any harm caused to the remaining portion. 4. Special Benefits: The jury may also be instructed to consider any special benefits accruing to the property owner as a result of the partial taking. Special benefits can arise from the government's actions or the construction of public infrastructure that may increase the value of the remaining property. Overall, California Jury Instruction 9.9.1 General Instruction — Including Partial Taking Instructions provides the jury with a framework to assess the various elements involved in determining just compensation for property owners in cases of partial takings. By considering factors such as the value of the property, damages for loss of use, severance damages, and special benefits, the instruction ensures a fair and equitable resolution in such cases.

California Jury Instruction 9.9.1, also known as the General Instruction — Including Partial Taking Instructions, is a legal guideline that provides instructions to the jury in cases involving partial takings of property. This instruction is designed to educate the jurors on the applicable law and guide them when determining compensation for the property owners. In cases of eminent domain or condemnation proceedings, the government may acquire only a portion of the property from the owner, resulting in a partial taking. When this happens, it is crucial to establish a fair and just compensation for the owner based on the loss incurred. The purpose of California Jury Instruction 9.9.1 is to outline the factors and considerations the jury should take into account when assessing the damages resulting from a partial taking. The instruction covers various aspects to ensure a comprehensive evaluation of the extent and impact of the partial taking on the property owner. This instruction may include the following types of California Jury Instruction 9.9.1 General Instruction, depending on the specific circumstances of the case: 1. Evaluation of Property Value: The jury is instructed to assess the fair market value of the property both before and after the partial taking. This allows them to determine the decrease in value caused by the government's acquisition. 2. Damages for Loss of Use: In some cases, the partial taking might restrict or limit the property owner's ability to use the remaining portion of their property. The instruction may guide the jury on considering damages for this loss of use. 3. Severance Damages: If the partial taking negatively affects the value or functionality of the remaining property, the instruction may direct the jury to award severance damages. This compensates the property owner for any harm caused to the remaining portion. 4. Special Benefits: The jury may also be instructed to consider any special benefits accruing to the property owner as a result of the partial taking. Special benefits can arise from the government's actions or the construction of public infrastructure that may increase the value of the remaining property. Overall, California Jury Instruction 9.9.1 General Instruction — Including Partial Taking Instructions provides the jury with a framework to assess the various elements involved in determining just compensation for property owners in cases of partial takings. By considering factors such as the value of the property, damages for loss of use, severance damages, and special benefits, the instruction ensures a fair and equitable resolution in such cases.