Illinois Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions refers to a set of guidelines provided to jurors in Illinois regarding cases involving the partial taking of property through eminent domain. These instructions are crucial in ensuring that jurors have a clear understanding of how to assess and determine compensation in cases where the government acquires only a portion of an individual's property. The purpose of Illinois Jury Instruction — 9.9.1 is to define the principles and criteria that jurors should consider when determining the value of the property taken and any resulting damages. It outlines a series of factors jurors must examine to accurately evaluate the compensation owed to a property owner for the partial taking. Key elements covered in Illinois Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions include: 1. Definition of partial taking: The instruction provides a comprehensive explanation of what constitutes a partial taking, clarifying that it involves the acquisition of only a portion of the property while leaving the remainder with the owner. 2. Determining compensation: Jurors are instructed on how to calculate the fair and just compensation owed to the property owner. They must consider factors such as the market value of the property before and after the taking, any decrease in value caused by the taking, and any special benefits that may have resulted from the acquisition. 3. Expert testimony: The instruction acknowledges the role of expert witnesses in these cases and advises jurors on how to evaluate the credibility and reliability of such testimony. It emphasizes the need to weigh expert opinions alongside other evidence presented during the trial. 4. Burden of proof: This instruction clarifies that the burden of proof rests upon the property owner to demonstrate the extent of the injury caused by the partial taking. It is their responsibility to provide evidence supporting their claim for fair compensation. Different types or variations of Illinois Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may exist based on the specific circumstances and legal requirements of each case. For example, instructions may differ if the partial taking involves residential property, commercial property, or public land. These variations may address unique factors, considerations, or legal precedents applicable to different types of properties. In conclusion, Illinois Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions provides jurors with a comprehensive guideline to evaluate compensation in cases involving the partial taking of property through eminent domain. It ensures that jurors assess the fair and just value of the property taken and any related damages, considering various factors and expert testimony while upholding the burden of proof on the property owner.