M Civ JI 90.14 Date of Valuation: Early Date of Taking

The market value of the property is to be determined as of the date of taking which shall be decided by you.

In some situations, the government’s actions with respect to a particular property have an impact which deprives an owner of the practical benefits of ownership of the property. In such a case, you may find that the government’s actions constitute a “taking” of the property at a date earlier than the date legal title is transferred to the government. This does not mean that the government has actually seized or confiscated the property, but merely that the impact of the government’s actions on the property is such that the law treats the situation as though a taking has occurred.

The test to be applied in determining whether or not a taking has occurred is whether the actions of the government substantially contributed to and accelerated the decline in value of the property.

You should first determine whether or not such a taking in the legal sense occurred. Then you must determine the date that such taking occurred. Then you must determine the value of the property on that date.

Comment

See In re Urban Renewal, Elmwood Park Project, 376 Mich 311; 136 NW2d 896 (1965); Heinrich v Detroit, 90 Mich App 692; 282 NW2d 448 (1979).

History

M Civ JI 90.14 was added February 1, 1981.