Travis Texas Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions

• Category: Federal - Jury Instructions
• State: Multi-State
• County: Travis
• 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. Travis Texas Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions is an important legal guideline used in courtrooms in Travis County, Texas during jury trials related to eminent domain cases. This instruction provides specific guidance to the jury regarding the process and factors to consider when determining compensation in cases where the government or a private entity exercises the power of eminent domain to acquire only a portion of a property from its owner. Key Points: 1. Fair Compensation: The instruction emphasizes that the property owner is entitled to receive fair compensation for the portion of their property that is being taken by the condemning authority. The jury is instructed to consider various factors, such as market value, current and potential use of the property, any damages or loss of value caused by the taking, and any special benefits resulting from the project. 2. Value of Remaining Property: One essential aspect covered in the instruction is determining the value of the remaining property after the partial taking. Jurors are instructed to consider any decrease in value caused by the loss of the taken portion as well as any increase or decrease in value resulting from the overall project itself. 3. Severance Damages: In cases where the partial taking has caused harm to the remaining property, the instruction guides the jury on assessing severance damages. Severance damages refer to any reduction in the value of the remaining property caused by the taking. Jurors are instructed to consider any decrease in value resulting from factors such as loss of access, adverse impacts on visibility, noise, or disruption caused by the project. 4. Special Benefits: The instruction also addresses the concept of special benefits. Special benefits refer to any increase in the value of the remaining property that may result from the project. Jurors are instructed to consider any special benefits that the property owner receives as a result of the taking, which may offset the damages caused. Different types of Travis Texas Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may include variations based on the specific circumstances of the case, such as the nature of the property, the type of development project involved, or any unique factors affecting the value of the property. However, the core principles regarding fair compensation, value of remaining property, severance damages, and special benefits are typically present in all versions of this instruction.

Travis Texas Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions is an important legal guideline used in courtrooms in Travis County, Texas during jury trials related to eminent domain cases. This instruction provides specific guidance to the jury regarding the process and factors to consider when determining compensation in cases where the government or a private entity exercises the power of eminent domain to acquire only a portion of a property from its owner. Key Points: 1. Fair Compensation: The instruction emphasizes that the property owner is entitled to receive fair compensation for the portion of their property that is being taken by the condemning authority. The jury is instructed to consider various factors, such as market value, current and potential use of the property, any damages or loss of value caused by the taking, and any special benefits resulting from the project. 2. Value of Remaining Property: One essential aspect covered in the instruction is determining the value of the remaining property after the partial taking. Jurors are instructed to consider any decrease in value caused by the loss of the taken portion as well as any increase or decrease in value resulting from the overall project itself. 3. Severance Damages: In cases where the partial taking has caused harm to the remaining property, the instruction guides the jury on assessing severance damages. Severance damages refer to any reduction in the value of the remaining property caused by the taking. Jurors are instructed to consider any decrease in value resulting from factors such as loss of access, adverse impacts on visibility, noise, or disruption caused by the project. 4. Special Benefits: The instruction also addresses the concept of special benefits. Special benefits refer to any increase in the value of the remaining property that may result from the project. Jurors are instructed to consider any special benefits that the property owner receives as a result of the taking, which may offset the damages caused. Different types of Travis Texas Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may include variations based on the specific circumstances of the case, such as the nature of the property, the type of development project involved, or any unique factors affecting the value of the property. However, the core principles regarding fair compensation, value of remaining property, severance damages, and special benefits are typically present in all versions of this instruction.