DE · jury_instructions
Del. P.J.I. Civ. § 20.6
Consideration of Available Uses
CONSIDERATION OF THE AVAILABLE USES OF THE PROPERTY
In determining market value, you may consider the value of the property in view
of all its available uses and purposes as of the date of taking. You may also consider
the best and most valuable use for which the property is reasonably adaptable to the
full extent that the prospect of demand for such use may affect present market value.
In other words, if the reasonable probability of the land being put to its highest and
best use enhances the present market value of the property, then that enhancement
should be taken into account in determining just compensation. The landowner is
entitled to have considered not only the general and naturally adapted uses of the
property, but also any special value due to its adaptability for a particular or special
use. So you may consider the adaptability and availability of the property for a
certain purpose or use even though the property has never been put to that purpose
or use. But you should not consider remote or purely speculative uses.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
fc58df7bca853289149bd7d249a1c346a915b60f9cf20486a57aeea280419d05
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