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NC · jury_instructions

N.C.P.I.—Civil 810.62

PROPERTY DAMAGES—DIMINUTION IN MARKET VALUE.

activein force · 2023-03-01 – presentas-observed

The plaintiff's actual property damages are equal to the difference

between the fair market value of the property immediately before it was

damaged and its fair market value immediately after it was damaged.

The fair market value of any property is the amount which would be

agreed upon as a fair price by an owner who wishes to sell, but is not

compelled to do so, and a buyer who wishes to buy, but is not compelled

to do so.

(If evidence is introduced regarding the actual or estimated cost of

repair, the following paragraph should be used: Evidence of [estimates of

the cost to repair] [the actual cost of repairing] the damage to the

plaintiff's property may be considered by you in determining the

difference in fair market value1 immediately before and immediately after

the damage occurred.)2

History

N.C.P.I.—Civil 810.62 (Replacement March 2023). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.

Provenance

Source
sog.unc.edu
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
6d600f088a0728040b32333b704f4446916bebcb3b6a7c3df58778b0f32ae90c
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