M Civ JI 90.03 Burden of Proof [ Recommend No Instruction ]

Comment

The committee recommends that no instruction on general burden of proof be given in condemnation cases. There is strictly speaking no general burden of proof applicable to all issues in all condemnation proceedings.

Neither party has the burden of proof on the issue of damages, except where benefits to the remainder are claimed by the government.

If the government claims an offset for benefits under express statutory authority, it has the burden of proving the existence of such benefits. MCL 213.73(4).

There may be other special issues where there is an express burden of proof, by statute or otherwise.

History

M Civ JI 90.03 was added February 1, 1981.