CO · jury_instructions
CJI-Civ. 36:5
Ascertainment of Damages to Residue — Limitations
In order for you to determine damages to the residue, you must find that the residue
itself (has been) (will be) damaged by some diminution in its reasonable market value,
either as a result of its being severed from the land actually taken or because the adjacent
public use on the land actually taken from the respondent (, but not on other land,) will
render the residue less valuable.
Infringement of the owner’s personal pleasure or enjoyment in the use of the
residue or even the owner’s annoyance or discomfort do not constitute compensable
damages. Neither does the fact that the residue may be less desirable for certain purposes.
Such matters are not compensable except as they are a natural, necessary and reasonable
result of the residue being severed from the land actually taken or of the uses expected to
be made of the land actually taken, and are measurable by a reduction in the market value
of the residue.
(Damages may not be allowed which result from [describe any noncompensable
damages] even though a decrease in the reasonable market value of the residue may result.)
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
789cad1cbe8f99c25b517cb42b124e3481579734c952d25b48f2d5a25f2ab002
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