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VA · jury_instructions

Va. Model Jury Instr. Civ. No. 46.050

Fair Market Value

activein force · 2026-04-01 – presentcompiled-edition

The fair market value is the price that the property would bring if it were offered for sale by

one who wanted to sell, but was under no necessity, and was bought by one who wanted to buy, but

was under no necessity.

In determining the fair market value of the property, you may consider everything a buyer and

seller in the marketplace would reasonably consider in the purchase or sale of the specific

property interests that are the subject of this proceeding.

However, you may not consider that the property owner might, for personal reasons, have been

unwilling to sell at fair market value or that the (name of condemning authority) has a need for the

property.

Further, in determining the fair market value of the property before the taking, you may not

consider any increase or decrease in the fair market value of the property caused by the public use

for which the property is being acquired, or by the likelihood that the property would be acquired

for such public use other than that due to physical deterioration within the reasonable control of

the owner.

History

Virginia Model Jury Instructions – Civil, Release 26, April 2026. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.

Provenance

Source
vacourts.gov
Retrieved
2026-10-11
Edition
civ-2026-04-01
Content hash
a7a2b5b4f488bab23162b3bef39e56ca58654f54d110b37126496e3e3d005c5d
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