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UT · jury_instructions

MUJI 2d CV2009

Economic damages. Injury to real property.

activein force · 2026-08-21 – presentas-observed

Economic damages include injury to [name of plaintiff]'s real property.

The damages to be awarded for injury to real property are the difference in the fair market value of the real property immediately before and immediately after the injury, unless the property can be repaired or restored for a lesser amount. If the property can be repaired or restored for a lesser amount, then the damages are the reasonable cost of repair or restoration.

If you find that repair or restoration does not return the real property to the same value as before the injury, the damages to be awarded are the difference between the real property's fair market value before the injury and its fair market value after the repair or restoration, plus the reasonable cost of making the repair or restoration.

[In addition, if the evidence establishes that the injury to the real property has created a lingering negative public perception of it, then the damages would include any reduction in the value of the property as a result of the negative perception.]

Provenance

Source
legacy.utcourts.gov
Retrieved
2026-08-22
Edition
2026-08-21
Content hash
d5fa16c464c21cf0b566c538cfd3290f86fbd0811f462a4b5783b74b23ca597d
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