N.C.P.I.—Civil 835.12A

NOTE WELL: This instruction should be given if the

condemnor introduces evidence of general or special

benefit for the purposes of offset.1

The (state number) issue reads:

"What is the amount of offset, if any, to which the [plaintiff]

[defendant] is entitled because the remainder of the [plaintiff’s]

[defendant’s] property benefited from (state project)?”

On this issue the burden of proof is on the [plaintiff] [defendant].2

This means that the [plaintiff] [defendant] must prove, by the greater

weight of the evidence, the amount, if any, by which the remainder of the

[plaintiff’s] [defendant’s] property benefited from (state project).3

Benefits can be either general or special.4 General benefits are

those which arise from the fulfillment of the highway purposes which

justified the taking. They are those benefits arising to the vicinity which

result from the enjoyment of the highway project and from the increased

general prosperity resulting from such enjoyment.5 Special benefits are

increases in the value of the remaining land which are peculiar to the

owner's property and not shared in common with other landowners in the

vicinity. They arise from the relationship of the land in question to the

highway project, and may result from physical changes in the land, from

proximity to the new project, or in various other ways.6

You should consider the evidence presented as to general or special

benefit to the remainder of the [plaintiff’s] [defendant’s] property.

However, you should not consider remote, uncertain or speculative

benefits.7

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 [plaintiff] [defendant] has the

burden of proof, if you find, by the greater weight of the evidence, the

amount of offset, if any, to which the [plaintiff] [defendant] is entitled

because the remainder of the [plaintiff’s] [defendant’s] property benefited

from (state project), then you will answer this issue by writing that

amount in the blank space provided. However, if you fail to so find, then

it would be your duty to answer this issue by writing "zero" in the blank

space provided.