Utah Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions provides guidance to juries concerning partial takings of private property by the government for public purposes. It clarifies the legal process and considerations involved in determining just compensation for the affected property owners. The purpose of this instruction is to ensure that the jury comprehends the factors to be considered in cases where the government acquires only a portion of an individual's property, while leaving the remainder intact. The instruction aids jurors in evaluating the value of the taken portion as well as any potential damages inflicted on the remaining property. Key elements covered in Utah Jury Instruction — 9.9.1 include: 1. Just Compensation: The instruction explains that the property owner is entitled to receive just compensation for the taking, which should be equal to the fair market value of the property taken as of the date of the taking. It emphasizes the importance of determining this value accurately. 2. Intangible damages: The instruction highlights that in certain cases, the remaining property may suffer intangible damages due to the partial taking. These damages might include issues like loss of visibility, increased noise, or decreased privacy resulting from the public use of the taken property. 3. Benefits to the remaining property: The instruction recognizes that in some instances, the remaining property may experience benefits as a result of the taking. These benefits could enhance the remaining property's value and should be considered when calculating just compensation. 4. Burden of proof: It clarifies that the property owner has the burden of proving the fair market value of the taken property and any damages to the remaining property. It also highlights that the government has the burden of proving any benefits to the remaining property. Different variations or types of Utah Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may exist, focusing on specific scenarios or legal precedents. Some potential variations include: 1. Utah Jury Instruction — 9.9.1.1 Instruction on Intangible Damages: This variation provides further guidance on determining intangible damages caused to the remaining property and their impact on just compensation. 2. Utah Jury Instruction — 9.9.1.2 Instruction on Benefit Analysis: This instruction offers more specific guidelines on evaluating the benefits or enhancements to the remaining property resulting from the partial taking and their correlation to just compensation. 3. Utah Jury Instruction — 9.9.1.3 Instruction on Burden of Proof: This variation elaborates on the burden of proof for both the property owner and the government in establishing fair market value, damages, and benefits to accurately determine just compensation. These variations ensure that jury instructions cater to specific cases that may require additional clarity or specific considerations related to partial takings and just compensation under Utah law.