M Civ JI 90.05 Just Compensation - Definition

Whenever private property is taken for a public purpose, the Constitution commands that the owner shall be paid just compensation.

Just compensation is the amount of money which will put the person whose property has been taken in as good a position as the person would have been in had the taking not occurred. The owner must not be forced to sacrifice or suffer by receiving less than full and fair value for the property. Just compensation should enrich neither the individual at the expense of the public nor the public at the expense of the individual.

The determination of value and just compensation in a condemnation case is not a matter of formula or artificial rules, but of sound judgment and discretion based upon a consideration of all of the evidence you have heard and seen in this case.

*(In determining just compensation, you should not consider what the [ name of condemning authority ] has gained. The value of the property taken to the [ name of condemning authority ] and to its customers is not to be considered in any way.)

Note on Use

*The paragraph in parentheses should be used in public utility condemnation cases.

Comment

See State Highway Commissioner v Eilender, 362 Mich 697; 108 NW2d 755 (1961); In re Grand Haven Highway, 357 Mich 20; 97 NW2d 748 (1959); Fitzsimons & Galvin, Inc v Rogers, 243 Mich 649; 220 NW 881 (1928); Consumers Power Co v Allegan State Bank, 20 Mich App 720; 174 NW2d 578 (1969).

History

M Civ JI 90.05 was added February 1, 1981. Amended October 1981.