UT · jury_instructions
MUJI 2d CV2620
Special benefits.
If you find that the taking caused severance damages, then you must determine whether the taking and the construction of [describe public improvement] create a special benefit that increases the fair market value of the remaining property.
A benefit is special if it results directly from the taking or the [proposed] construction of the [describe public improvement] on the property taken, and is not shared by the general public.
Special benefits must be reasonably certain and not remote or speculative.
If you find that special benefits have increased the fair market value of the remaining property, you must subtract the amount of that benefit from any severance damages to the remaining property. If the special benefits are greater than the severance damages, then you must find that there are no severance damages. You cannot subtract the amount of any special benefit from the fair market value of the property taken.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
50680cc69c8173b1286d0635d84769af4102e5ec37fe3ba58815c6960958862a
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