Ill. Pattern Jury Instr. (Civil) 300.21

Transmission Line--Fact of Damage to

Easement Strip Admitted--Amount

Contested--Fact of Damage to Remainder

Contested

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

complaint to acquire 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.

Plaintiff admits that the easement strip will be damaged but contests the amount of that

damage.

The defendant has filed a counterclaim claiming that property outside the easement strip

will be damaged. Plaintiff denies that the property outside the easement strip will be damaged.

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, what is the amount of money which will reasonably a nd fairly compensate the

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

Third, will the property outside the easement strip be damaged by the presence of the

transmission line and structures and the use of the easement, and, if so, then,

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

defendant for the damage to the property outside the easement strip.

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.