Ill. Pattern Jury Instr. (Civil) 300.19

Transmission Line—Fact of Damage to

Easement Strip Contested—No Damage

to Remainder Claimed

This is a proceeding in which the plaintiff, e.g., P ublic Electric Company, has filed a

complaint to take a perpetual easement to construct, operate and maintain an electric

transmission line across the 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 that part of

[defendant, his, her, its] property which is occupied by the structures supporting the transmission

line.

Second, will there be damage to the part of the easement strip not occupied by the

structures and, if so, then,

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

defendant for the damage to that part of the easement strip not occupied by the structures.

You must not concern yourselves with the right of plaintiff to acquire the easement, the

need for the easement, or the wisdom of locating the transmission line on defendant's property.