CJI-Civ. 36:1

This is a proceeding brought by the petitioner, (name), to acquire certain property

for (insert brief description, e.g., “park,” “highway”) purposes, which is a public use.

The respondent(s), (name[s]), (is) (are) the owner(s) of the property (or of some

interest in the property).

The property that the petitioner seeks to acquire is designated as (insert

identification, e.g., “Parcel A”) and is (shown on the attached exhibit) (described as follows:

[insert description]).

You are to determine the reasonable market value of the property actually taken

(and, if evidence is received by you with regard to any compensable damages to the residue,

you may thereafter receive evidence as to any specific benefits to such residue and, if you

find either or both damages or specific benefits to exist, then you are also to determine

them). (It is not your duty, however, to attempt to determine who may own what interests

in the property, or the nature, extent or value of any such interests.)

After you have received all the evidence, the court will instruct you further in

writing as to the law you should follow in making your determination(s).

You may request this court or the clerk of this court to issue subpoenas to compel

witnesses to attend your proceedings and to testify. For the purpose of taking testimony

you may hold and adjourn such meetings as may be required, and any one of you may

administer oaths to the witnesses who appear before you. You shall hear the testimony and

receive any other evidence in accordance with law, and you may request me or any other

judge of this court to rule on the propriety of any evidence or on any of the parties’

objections to any of the evidence.

You shall view the property and thereafter, having received all the evidence and

having been further instructed by this court, you shall without fear, favor or partiality

ascertain the reasonable market value of the property actually taken (and the amount of

compensable damages, if any, and amount and value of any specific benefit, if any, to the

residue of any land not taken).

You shall make, sign and file with the clerk of this court a certificate of your

determination(s). You must all agree on your determination(s). The certificate should also

accurately describe the property in question. A form for your certificate will be furnished

to you later.