VA · jury_instructions
Va. Model Jury Instr. Civ. No. 46.070
Damage to Residue
The measure of damages to the owner’s remaining property is the difference between the fair
market value of the remaining property immediately before the taking and its fair market value
immediately after the taking.
You may consider all present circumstances, and all circumstances reasonably expected in the
near future, in determining the effect of the taking on the value of the remaining property; you
may not consider remote or speculative advantages or disadvantages of the taking on the value of
the remaining property.
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).
In determining the fair market value of the remaining property after the taking, you may
consider the public use for which the property is being acquired. You may not consider any general
enhancement the remaining property experiences in common with surrounding properties as a
result of the public use; however, you may consider any specific enhancement in value to this
particular property caused by the taking and public use for which it is condemned.
Although you may consider individual items of damage to the remaining property, you cannot
compute the damages to the property by adding those items. Your determination of damages to
the remaining property, if any, should be based on the overall difference between the fair market
value of the remaining property before and after the taking.
The owner has the burden of proving, by the greater weight of the evidence, that there is
damage to the remaining property.
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
bfd4c350f9ace9293546edd391c12f763d938d588568031ad47b35c4823320a8
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