AK · jury_instructions
Alaska Civil Pattern Jury Instruction 13.05
Trespass - Damages
If you decide in favor of the plaintiff, then you must decide how much money, if any, would fairly compensate the plaintiff for the defendant's trespass. The (first, second, etc.) item of claimed loss is damage to plaintiff's real property. The amount that will reasonably compensate the plaintiff for this loss is the following:
[A] The difference in the fair market value of the property immediately before and immediately after the trespass. In a moment I will explain how to measure the fair market value.
[B] The cost of restoring the property to its condition immediately before the trespass. However, for the plaintiff to recover this cost, you must find that
(1) the damage to the property is temporary or reparable; and
(2) the cost of restoring the property is not disproportionate to the loss in property value caused by the trespass or, if it is disproportionate, that there is a reason personal to the plaintiff for restoring the property to its original condition.
To determine the loss in property value caused by the trespass, you must calculate the difference in the fair market value of the property immediately before and immediately after the trespass. In a moment I will explain how to measure the fair market value.
To determine whether there is a reason personal to the plaintiff for restoring the property, you may consider the nature of the property, how it was used, the likelihood that the plaintiff would actually restore it, or any other factors you think are important.
If you find that the damage can be repaired and that the cost of restoring the property is not disproportionate to the loss in value caused by the trespass, or that there is a reason personal to the plaintiff for restoring the property, then you must award the plaintiff the cost of restoring the property. Otherwise, you must award the plaintiff the difference in the fair market value of the property immediately before and immediately after the trespass.
[C] If there is no difference in the fair market value, but you previously found that defendant's entry on the property was intentional, then you must award the plaintiff the amount of $1. Otherwise, the plaintiff is not entitled to any compensation for this item of claimed loss.
History
Alaska Civil Pattern Jury Instructions 13.05, dated Revised 1996. Prepared by the Alaska Civil Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
931deb6b9c4f920c980da59457a3563c0d1a33a88d2599eca63f692138cf1de8
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