Va. Model Jury Instr. Civ. No. 46.085

You shall determine and specify the amount of lost profits owed to the [business; farm] owner if

you find that the [business; farm] owner proved with reasonable certainty the amount of the loss

and that the loss was directly and proximately caused by the taking or damaging of the property

where the [business; farm] is or was located.

“Lost profits” means a loss of profits or expected profits suffered by a [business; farm]

operation as a result of a taking or damaging of the property on which the [business; farm]

operation is operated for a period not to exceed three years from the later of (i) the date of

valuation or (ii) the date the state agency or its contractor prevents the owner from using the land

or any of the owner’s other property rights are taken. The [business; farm] operation claiming lost

profits is entitled to compensation whether part of the property or the entire parcel of property is

taken or damaged.

To award lost profits, the following conditions must be met:

1. the loss cannot be reasonably prevented by a relocation of the [business; farm] operation, or by

taking steps and adopting procedures that a reasonably prudent person would take and adopt;

2. the loss will not be included in relocation assistance provided by the condemning agency;

3. compensation for the loss will not be duplicated in the compensation otherwise awarded to the

owner of the property taken or damages; and

4. the loss shall be determined in accordance with generally accepted accounting principles applied

on a consistent basis.