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VA · jury_instructions

Va. Model Jury Instr. Civ. No. 46.090

Effect of Enhancement on Damage to Residue

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

If you find that the (name of condemning authority)’s taking and use of the owner’s property

specifically enhances the value of the remaining property, then you shall consider the specific

enhancement in determining the fair market value of the remaining property.

If the specific enhancement increases the fair market value of the remaining property after the

taking equal to or greater than the fair market value of the property before the taking, then you

cannot award any sum for damage to the remaining property.

In determining any award for lost profits, you shall also consider any specific enhancement to

the remaining property resulting from the (name of condemning authority)’s taking and use of the

owner’s property in determining the amount of lost profits.

If the value of the specific enhancement to the remaining property is more than the damage to

the remaining property, the property owner may not be charged for that difference. You cannot

deduct the enhancement in value to the remaining property from the fair market value of the

property which has been taken.

The (name of condemning authority) has the burden of proving, by the greater weight of the

evidence, any enhancement in value 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
b0241fe825e714e6916c4bfc59498fa195854801bfde1ef03aaa377ff1576282
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