Ill. Pattern Jury Instr. (Civil) 300.13

Describes Remainder—Fee Interest Taken—

Fact of Damage to Remainder

Contested—No Counterclaim Filed

This is a proceeding in which the plaintiff, e.g., Department of Transportation of the State

of Illinois, has filed a complaint to take certain property of the defendant by exercising the power

of eminent domain. Eminent domain is the power given by law to a [public body] [public service

company] to take private property for a public use. The constitution of the State of Illinois

provides that private property shall not be taken or damaged for public use without just

compensation.

You are to decide the following questions:

First, what is the amount of just compensation to be paid the defendant for the property

which [will be] [has been] taken.

Second, [will] [has] the remainder [be] [been] damaged by the taking and, if so, then,

Third, what is the amount of money which will reasonably and fairly compensate the

defendant for that damage.

You must not concern yourselves with the right of plaintiff to take the property of the

defendant or the need for the property or the wisdom of locating the proposed public use on

defendant's property.