VA · jury_instructions
Va. Model Jury Instr. Civ. No. 46.100
Damage to Residue: Formula for Determining
You may use the following formula to calculate the damage to the owner’s remaining property
as a result of the taking:
(1) Determine the fair market value of the entire property immediately before the taking.
(2) Determine the fair market value of the property that was taken.
(3) Subtract (2) from (1). This is the value of the remaining property without consideration of
enhancement or damages.
(4) Determine the fair market value of the remaining property after the taking, considering any
enhancement in value or diminution in value as a result of the taking and the use of the property
taken.
(5) Subtract (4) from (3). This is the value attributed to enhancement or damages.
(6) If (5) is greater than (3), there is no 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
3e6d89b5a039e604fa42e4cd6ca5c8b012cb1b0719a629ad440391f9d1c027ce
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