N.C.P.I.—Civil 835.10

NOTE WELL: This instruction should only be given

when the entire tract is taken and the condemnor is

the Department of Transportation exercising its right of

eminent domain pursuant to Chapter 136 of the General

Statutes or a municipality acquiring rights-of-way for

the state highway system pursuant to N.C. Gen. Stat. §

136-66.3(c) and N.C. Gen. Stat. § 40A-3(b)(1).

The issue reads:

"What is the amount of just compensation the landowner is

entitled to recover from the [plaintiff] [defendant] for the taking of the

landowner’s property?"

On this issue the burden of proof is on the landowner.1 This means

that the landowner must prove, by the greater weight of the evidence,

the amount of just compensation owed by the [plaintiff] [defendant] for

the taking of the landowner’s property.

In this case, the [plaintiff] [defendant] has taken all of the

landowner’s property.2 The measure of just compensation to which the

landowner is entitled is the fair market value of the property as of the

time of the taking.3

Fair market value 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.

You must find the fair market value as of the time of the taking –

that is, as of (state date of taking) and not as of the present day or any

other time.4 In arriving at the fair market value you should, in light of all

the evidence, consider not only the use of the property at the time of the

taking,5 but also all of the uses to which it was then reasonably

adaptable, including what you find to be the highest and best use or

uses.6 You should consider these factors in the same way in which they

would be considered by a willing buyer and a willing seller in arriving at a

fair price.7 You should not consider purely imaginative or speculative

uses and values.

Your verdict must not include any amount for interest.8 Any

interest as the law allows will be added by the court to your verdict.

I instruct you that your verdict on this issue must be based upon

the evidence and the rules of law I have given you. You are not required

to accept the amount suggested by the parties or their attorneys.

Finally, as to this issue on which the landowner has the burden of

proof, if you find, by the greater weight of the evidence, the fair market

value of the property at the time of the taking, then you will answer this

issue by writing that amount in the blank space provided.