M Civ JI 90.09 Highest and Best Use

In deciding the market value of the subject property, you must base your decision on the highest and best use of the property.

By “highest and best use” we mean the most profitable and advantageous use the owner may make of the property even if the property is presently used for a different purpose or is vacant, so long as there is a market demand for such use.

Comment

See St Clair Shores v Conley, 350 Mich 458; 86 NW2d 271 (1957); In re Condemnation of Lands in Battle Creek, 341 Mich 412; 67 NW2d 49 (1954); In re Dillman, 255 Mich 152; 237 NW 552 (1931); In re Widening of Fulton Street, 248 Mich 13; 226 NW 690 (1929); Ecorse v Toledo, C S & D R Co, 213 Mich 445; 182 NW 138 (1921).

History

M Civ JI 90.09 was added February 1, 1981.