VA · jury_instructions
Va. Model Jury Instr. Civ. No. 46.210
Just Compensation—Reasonable Probability of Rezoning
You may consider the following factors, among others, to determine whether there is, as of the
date of valuation, a reasonable probability of rezoning of the subject property in the near future:
the rezoning of nearby property, growth patterns, change of use patterns and character of
neighborhood, demand within the area for certain types of land use, sales of related or similar
properties at prices reflecting anticipated rezoning, physical characteristics of the subject and of
nearby properties, and the age of the zoning ordinance.
You must not evaluate the property as though the rezoning is already an accomplished fact.
You must evaluate the property under the restrictions of the existing zoning and give
consideration to the impact upon market value of the likelihood of a change in zoning.
The burden of proving a reasonable probability of rezoning in the near future rests on the
property owner.
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
64491cadea422ba1d4e72985df12e3fbc519c126480b85f578a5b89f58614860
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