Vermont Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions is a legal guideline used in the state of Vermont to provide instructions to juries during trials involving eminent domain cases or disputes related to government takings of private property. This instruction is relevant when a portion of a property is taken by the government for public use, while the owner retains ownership of the remaining portion. Key points covered by Vermont Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions include: 1. Nature of the case: This instruction explains to the jury that the case involves a partial taking of private property by the government. It clarifies that the owner will still retain ownership of the remaining portion of the property. 2. Determination of compensation: The instruction details that the jury's role is to determine just compensation to be paid to the property owner for the taking of the portion of their property. It highlights that this compensation should be based on the fair market value of the property at the time the taking occurred. 3. Consideration of damages: Jurors are instructed to consider any damages caused to the remaining portion of the property as a result of the taking. This includes any depreciation of value, loss of access, or any other harm suffered by the property owner. Different types of Vermont Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may include variations based on specific circumstances of the case, such as: 1. Calculation of compensation: Instructions might differ if the taking is for a specific public project, such as road construction or utility installation, compared to a broader condemnation related to urban planning or public infrastructure development. 2. Expert testimony: In some cases, the jury may be instructed on how to consider expert testimony provided by real estate appraisers or other professionals to determine the fair market value of the portion taken. Overall, Vermont Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions provides a set of guidelines to assist the jury in understanding the legal aspects and considerations involved in cases of partial takings by the government. It ensures that the property owner receives fair compensation for the portion of their property taken for public use while also taking into account any damages caused to the remaining property.
Vermont Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions
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