M Civ JI 90.10 Possibility of Rezoning

The Court has instructed you on the subject of highest and best use. One of the things that must be considered in deciding what the highest and best use of the property was at the time of taking is the zoning classification of the property at that time. However, if there was a reasonable possibility, absent the threat of this condemnation case, that the zoning classification would have been changed, you should consider this possibility in arriving at the value of the property on the date of taking. In order to affect the value of the property, the possibility of rezoning must be real enough to have caused a prudent prospective buyer to pay more for the property than he or she would otherwise pay.

Comment

See State Highway Commissioner v Eilender, 362 Mich 697; 108 NW2d 755 (1961).

History

M Civ JI 90.10 was added February 1, 1981.