Ill. Pattern Jury Instr. (Civil) 300.22

Transmission Line--Damage Claimed to

Easement Strip and Remainder--Both

Contested

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

complaint to acquire a perpetual easem ent 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 proper ty 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.

The defendant claims that the easement strip will be damaged and has also filed a

counterclaim claiming that his property outside the easement strip will be damaged. The plaintiff

denies that there will be any damage to the easement strip or to the property outside the easement

strip.

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 the part of the easement strip not occupied by the structures.

Fourth, will the property of the def endant outside the easement strip be damaged by the

presence of the transmission lines, structures and the use of the easement, and, if so, then,

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

defendant for the damage to the property of the defendant 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.