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Alaska Civil Pattern Jury Instruction 27.10

Leasehold Interest

activein force · 1995-01-01 – presentas-observed

[Some] [All] of the property taken was rented to a tenant. You must decide whether the owner must pay a part of the just compensation award to the tenant.

To do this, you must determine:

(1) the present value of the total rent the tenant agreed to pay during the time that was left on the lease; and

(2) the present value of the total fair market rent for the property for this time period.

Fair market rent is similar to fair market value, except that fair market rent is the amount of rent a willing informed landlord would accept from a willing informed tenant on the open market. The instructions I have given you on fair market value apply here; however, you should consider the terms of the lease as well.

If the present value of the total rent due under the lease is less than the present value of the total fair market rent, then the tenant is entitled to the difference and you must enter that amount on the Special Verdict Form in the space provided.

If the present value of the total rent due under the lease is greater than the present value of the total fair market rent, then the tenant is not entitled to any recovery and you must enter "zero" on the Special Verdict Form in the space provided.

History

Alaska Civil Pattern Jury Instructions 27.10, dated Revised 1995. 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
5582b95c20b2c9c7512751b5310e66e988639da80ad825daf7b09f4b6ec7b9d7
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