M Civ JI 90.19 Benefits

You must disregard any testimony which indicates or implies that because of this taking the remaining property has in any way benefited. You may only consider testimony that bears on damages to the subject property.

Note on Use

This instruction should only be given if the benefits issue has been raised, inadvertently or otherwise, at trial.

The instruction should not be given if the applicable statute authorizes offset of benefit and the issue has been properly pleaded.

Comment

See Custer Twp v Dawson, 178 Mich 367; 144 NW 862 (1914); State Highway Commission v McLaughlin, 16 Mich App 22; 167 NW2d 468 (1969); State Highway Commissioner v Sabo, 4 Mich App 291; 144 NW2d 798 (1966).

History

M Civ JI 90.19 was added February 1, 1981.