Allegheny Pennsylvania Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions

• Category: Federal - Jury Instructions
• State: Multi-State
• County: Allegheny
• Control #: US-11CF-9-9-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. Allegheny Pennsylvania Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions In Allegheny County, Pennsylvania, the Jury Instruction 9.9.1 provides guidance to jurors on the specific procedures and considerations for cases involving partial takings under eminent domain law. This instruction ensures that jurors understand the legal principles surrounding these cases and how to assess damages or compensation for property owners. Partial taking refers to situations where only a portion of the property is taken by the government, usually for public purposes such as infrastructure development or road widening. In such cases, property owners are entitled to just compensation for the value lost as a result of the taking. The instruction helps jurors understand the factors they should consider when determining the compensation amount. The Allegheny Pennsylvania Jury Instruction — 9.9.1 General Instruction addresses various aspects related to partial takings, including the following key points: 1. Nature of the Taking: The instruction explains that a partial taking occurs when the government only acquires a portion of the property, leaving the remaining part with the owner. 2. Just Compensation: Jurors are informed about the constitutional requirement of just compensation, which means the property owner should be fairly compensated for the value of the taken portion. 3. Determining Fair Market Value: The instruction provides guidance on determining the fair market value of the taken portion. Jurors should consider factors like the property's condition, potential uses, zoning restrictions, and any changes to its appropriateness due to the taking. 4. Diminution of Value: Jurors are instructed to consider any decrease in the overall value of the remaining property due to the partial taking. This accounts for any economic or functional loss experienced by the property owner. 5. Severance Damages: In addition to the value lost from the taken portion, jurors are guided to consider any damages resulting from the separation of the remaining property. This includes loss of access, decreased convenience, and impacts on its marketability. 6. Special Benefits: Jurors are also instructed to consider any special benefits resulting from the partial taking. Special benefits are enhancements to the property's value that may arise from the public improvement itself or changes in its surroundings. 7. Total Compensation: The instruction highlights that the compensation awarded should be the total amount of damages, combining the fair market value of the taken portion, diminution in value, severance damages, and any special benefits. As there is no mention of different types within the specified instruction, it can be considered a general instruction encompassing the various aspects of partial takings.

Allegheny Pennsylvania Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions In Allegheny County, Pennsylvania, the Jury Instruction 9.9.1 provides guidance to jurors on the specific procedures and considerations for cases involving partial takings under eminent domain law. This instruction ensures that jurors understand the legal principles surrounding these cases and how to assess damages or compensation for property owners. Partial taking refers to situations where only a portion of the property is taken by the government, usually for public purposes such as infrastructure development or road widening. In such cases, property owners are entitled to just compensation for the value lost as a result of the taking. The instruction helps jurors understand the factors they should consider when determining the compensation amount. The Allegheny Pennsylvania Jury Instruction — 9.9.1 General Instruction addresses various aspects related to partial takings, including the following key points: 1. Nature of the Taking: The instruction explains that a partial taking occurs when the government only acquires a portion of the property, leaving the remaining part with the owner. 2. Just Compensation: Jurors are informed about the constitutional requirement of just compensation, which means the property owner should be fairly compensated for the value of the taken portion. 3. Determining Fair Market Value: The instruction provides guidance on determining the fair market value of the taken portion. Jurors should consider factors like the property's condition, potential uses, zoning restrictions, and any changes to its appropriateness due to the taking. 4. Diminution of Value: Jurors are instructed to consider any decrease in the overall value of the remaining property due to the partial taking. This accounts for any economic or functional loss experienced by the property owner. 5. Severance Damages: In addition to the value lost from the taken portion, jurors are guided to consider any damages resulting from the separation of the remaining property. This includes loss of access, decreased convenience, and impacts on its marketability. 6. Special Benefits: Jurors are also instructed to consider any special benefits resulting from the partial taking. Special benefits are enhancements to the property's value that may arise from the public improvement itself or changes in its surroundings. 7. Total Compensation: The instruction highlights that the compensation awarded should be the total amount of damages, combining the fair market value of the taken portion, diminution in value, severance damages, and any special benefits. As there is no mention of different types within the specified instruction, it can be considered a general instruction encompassing the various aspects of partial takings.