MS · jury_instructions
Proposed Mississippi Plain Language Model Jury Instructions - Civil 3403
Eminent Domain - Highest and Best Use of the Property
In order to determine the fair market value of the property immediately before and
immediately after the taking, you should consider the property’s highest and best use. The
property’s highest and best use is what the property is legally allowed to be used for; what the
property is physically able to be used for; what is financially possible for the property to be used
for; and what is most profitable for the property to be used for.
If you find that the property’s highest and best use is something different from what it is
currently being used for, then you must find that the property is able to be used for that purpose;
that it is reasonable for the property to be put to that purpose within the immediate future or
within a reasonable time; and that the property’s fair market value is increased by the other
purpose.
History
Proposed Mississippi Plain Language Model Jury Instructions - Civil 3403 (current as of February 17, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
bae0d60b9a1a1f692e6d7c760187d61c951be1602c7936f36c39bcbd1569e66f
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