North Carolina Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions provides guidance to juries in cases involving partial taking of property. This instruction is crucial in eminent domain cases where the government exercises its power to take private property for public use, but only takes a portion of it rather than the entire property. In such cases, the jury is instructed on several important aspects to consider when determining compensation for the property owner. The instruction focuses on ensuring fair compensation based on the value of the portion taken, as well as any damages suffered by the remaining property. Some key elements covered in North Carolina Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions include: 1. Value of the portion taken: The jury is instructed to assess the fair market value of the portion that has been taken by the government. This requires understanding the value of the land, improvements, and any other factors that may affect the property's worth. 2. Damages to the remaining property: The instruction emphasizes that compensation should also account for any damages or diminution in value suffered by the owner due to the partial taking. The jury is guided to consider factors such as reduced access, interference with existing structures, or changes in the property's functionality. 3. Severance damages: In cases where the partial taking results in the severance of the remaining property from the owner's other land, the instruction includes guidelines on assessing severance damages. Severance damages relate to the loss in value to the remaining land due to its separation from the property that has been taken. 4. Benefits to the remaining property: The instruction also directs the jury to consider any benefits that may result from the partial taking. For instance, if the taking provides the owner with improved access or other advantages, these positive impacts must be factored into the compensation determination. Variations of North Carolina Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may exist depending on the specific circumstances of the case, such as the nature of the property or the type of taking being conducted. These variations may involve additional instructions to address the unique elements associated with the specific partial taking scenario. In conclusion, North Carolina Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions provides comprehensive guidance to juries in assessing compensation for property owners involved in partial taking cases. By considering factors like the value of the portion taken, damages to the remaining property, severance damages, and benefits to the remaining property, the instruction helps ensure that property owners receive fair and just compensation for the partial loss of their land.