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Proposed Mississippi Plain Language Model Jury Instructions - Civil 3404

Eminent Domain - Determining Damages

activein force · 2012-02-17 – presentas-observed

In determining the amount to award the property owner for damage to the property, you

should consider all of the evidence concerning the fair market value of the property, as well as

your actual viewing of the property.

You should subtract the fair market value of the property immediately after the eminent

domain taking from the fair market value of the property immediately before the eminent domain

taking:

Fair market value on ______ [insert date] __________

- (less)

Fair market value on ______ [insert date] __________

= __________.

[You should not consider whether there are any benefits or damages to the property which

will be shared by the public as a result of the eminent domain taking.]

[You should not consider any personal or sentimental value the property owner has for

the property.]

[You should not consider any damages which are based on guesses or imaginary or

distant factors which may or may not occur in the future which would affect the value of the

property.]

History

Proposed Mississippi Plain Language Model Jury Instructions - Civil 3404 (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
f28e157cfc0c278f5073a22f91f60502a91a75d7c55bbf53b7aa50d588f204a7
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