M Civ JI 90.01 Pretrial Instruction: Nature of Condemnation Action

This is a case in eminent domain, which means the power of the government to take private property for a public purpose upon payment of just compensation to the owner of the property taken. Under the constitution and laws of this state, all private property is held subject to this right of eminent domain.

The right of eminent domain is exercised through proceedings commonly called a condemnation action. This is such an action.

By your verdict, you will decide the disputed [ issue / issues ] of fact, which in this case [ concerns / concern ] *(the necessity for the project and) the just compensation to be paid to the [ owner / owners ] for the property taken.

There are three matters that make this case different from most trials:

†(First, this trial involves several parcels of property owned by several landowners named in the action. All of these parcels are being tried together, but each is separate from the other and each constitutes a separate trial as to each individual parcel and owner. The trials are consolidated for convenience and to save time and expense.)

†(Second, you, as jurors in this case, may make a personal inspection of the property involved in this action. The purpose of the view is to enable you, the jurors, to better understand the evidence and testimony concerning the property. You must not visit or view the property unless and until the Court directs you to do so.)

†(Third, because you will hear witnesses who will testify concerning values of property involving numerous mathematical computations, you will be permitted to take notes as the various witnesses testify. Pads and pencils will be provided for you.)

Note on Use

*The phrase in parentheses should be read to the jury only if necessity for the taking is an issue in the case.

The name of the appropriate condemning authority may be substituted for the term “government.”

†Each of the paragraphs in parentheses should be included in the instruction only if applicable.

This is a pretrial instruction which should be read after the jurors are sworn.

Comment

See US Const, Am V; Const 1963, art 10, § 2.

History

M Civ JI 90.01 was added February 1, 1981.