VA · jury_instructions
Va. Model Jury Instr. Civ. No. 46.090
Effect of Enhancement on Damage to Residue
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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