Ill. Pattern Jury Instr. (Civil) 300.23

Taking of Fee Interest—Total Taking of

Leasehold Interest

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.

The defendant, [landlord's name], is the owner of the property and is the landlord. The

defendant, [tenant's name], is the tenant.

The tenant has filed a counterclaim asking that the value of [his, her, its] leasehold

interest in the property be determined.

You are to decide the following questions:

First, what is the total amount of just compensation to be paid for the entire property.

Second, what part of that total is the fair rental value of the leasehold.

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

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