M Civ JI 90.18 Total Taking

The [ name of condemning authority ] has the right and duty to acquire and take the entire property whenever the acquisition of the part actually needed would destroy the practical value or utility of the remainder of the property. It is for you to determine whether or not the practical value or utility of the remainder is, in fact, being destroyed.

The burden of proof is on the owner to show by a preponderance of the evidence that the practical value or utility of the remainder of the property has been destroyed.

Comment

See MCL 213.54(1); MCL 213.365; State Highway Commission v Mobarak, 49 Mich App 115; 211 NW2d 539 (1973).

History

M Civ JI 90.18 was added February 1, 1981.