OUJI-CIV No. 25.3

CONDEMNATION --- JUST COMPENSATION --- PARTIAL

TAKING

This is a case in which [Condemnor] is taking only a part of

[Owner's] property, and it is sometimes referred to as a "partial taking"

case. In a partial taking case, the term "just compensation" means the

payment to [Owner] for the taking of a part of [his/her/its] property by

[Condemnor] of an amount of money that will make [Owner] whole. In

this case this means the fair market value of the part of the property that was

taken on __________, the date of the taking, plus any injury to the property

left remaining after the taking. The property that was taken is [describe the

property that was taken], and the property left remaining after the taking is

[describe the remaining property]. The property includes the land, any

buildings or other things that are attached to the land, and any other interests

connected with the use of the land, such as access to roads.

Injury to the remaining property is the damage, if any, caused by:

1. The separation of the part taken from the remaining property;

2. The loss [or imp airment] of a right of access to the

[street/road/highway] that previously abutted [Owner's] property; [and]

3. The construction [and/or] use of the [describe the project] on the

property being taken.

In determining the injury to the remaining property, you may subtrac t

any

increase in its value that will result from any features of the project that will

benefit the remaining property. However, the increase in value to the

remaining property can never exceed the damage to it. In other words, you

may offset an increase in the value of the remaining property against any

injury to the remaining property, but you may not offset an increase in the

value of the remaining property against the value of the property that was

taken.