Title: Understanding New Mexico Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions Keywords: New Mexico, jury instruction, 9.9.1, general instruction, partial taking, eminent domain, condemnation proceedings, compensation, real property. Introduction: New Mexico Jury Instruction (N.M. FUJI) 9.9.1 General Instruction provides crucial guidance to jurors in cases involving partial takings under eminent domain or condemnation proceedings. This instruction assists the jury in determining fair compensation for property owners whose real property is partially taken for public use. This article will delve into the details of New Mexico Jury Instruction — 9.9.1 General Instruction and explore its various types. 1. Partial Taking Instructions in Condemnation Proceedings: Partial takings occur when the government or any authorized entity condemns or acquires only a portion of a property for public use. Jury Instruction 9.9.1 aims to educate the jurors on the factors to consider and principles to apply in assessing fair compensation for the partial taking. 2. Factors Considered in Determining Compensation: a. Market Value Analysis: Jurors are instructed to evaluate the market value of the entire property before and after the partial taking, considering factors like location, improvements, potential use, and market conditions at the time of taking. b. Diminution of Value: Jurors are advised to assess the diminished value of the remaining property and the impact of the partial taking on its overall worth. c. Severance Damages: Jurors should consider any damages incurred by the remaining property due to the partial taking, such as loss of access, interference with utilities, or impaired functionality. 3. Compensation Calculation: Jurors must impartially evaluate the evidence presented by both parties and determine the appropriate compensation amount for the property owner. The instruction explicitly states that the compensation should be just and based on the fair market value of the partial taking, considering the factors mentioned above. 4. Types of Partial Taking Instructions: New Mexico Jury Instruction — 9.9.1 General Instruction covers various types of partial takings cases, including but not limited to: a. Partial taking of residential property: Applies when a portion of a residential property is taken for public use, such as highway expansion or utility easements. b. Partial taking of commercial property: Applicable in cases where only a part of a commercial property, such as a retail store or office building, is acquired for public use, affecting the property value and continued business operations. c. Partial taking of agricultural land: Pertains to instances where a portion of agricultural land, including farms or ranches, is compulsorily acquired, impacting the property's agricultural operations and productivity. Conclusion: New Mexico Jury Instruction — 9.9.1 General Instruction plays a critical role in guiding jurors in determining just compensation in partial takings cases. This instruction equips jurors with essential knowledge on assessing market value, diminished property value, and severance damages. Understanding the nuances of this instruction is vital for juries in rendering fair decisions in condemnation proceedings.
New Mexico Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions
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