N.C.P.I.—Civil 835.13A

NOTE WELL: This instruction should be given if the

condemnor introduces evidence of general or special

benefit for the purposes of offset.1

Typically, Map Act cases are filed as inverse

condemnation actions. For this reason, it is presumed

that the plaintiff is the property owner.

The (state number) issue reads:

"What is the amount of offset, if any, to which the defendant is

entitled because the plaintiff’s property subject to the defendant’s

restrictions on its use benefited from (state project)?”

On this issue the burden of proof is on the defendant.2 This means

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

the amount, if any, by which the plaintiff’s property subject to the

defendant’s restrictions on its use 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 plaintiff’s property subject to the defendant’s restrictions

on its use. 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 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 defendant is entitled because the plaintiff’s

property subject to the defendant’s restrictions on its use 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.