Wis JI-Civil 8100

The sole question in the Special Verdict asks, “What was the fair market value of the

property on (date of evaluation)?”

In answering this question, consider only the price for which the property would have

sold on (date of evaluation) by a seller then willing, but not forced, to sell, to a buyer who

was then willing and able, but not forced, to buy. Fair market value is not what the property

would sell for at a forced sale or at a sale made under unusual or extraordinary

circumstances, or what might be paid by a particular buyer who might be willing to pay an

excessive price for his or her special purpose. In determining fair market value, you should

not consider sentimental value to the seller or his or her unwillingness to sell the property.

You should consider the use to which the property was put by the owner or any other

use to which it was reasonably adaptable. You may base your determination on the most

advantageous use or highest and best use shown to exist, either on (date of evaluation) or

in the reasonably foreseeable near future after (date of evaluation). The terms “most

advantageous use” and “highest and best use” have the same meaning. The highest and

best use, or the most advantageous use, of the property, is the use to which the property

could legally, physically, and economically be put on (date of evaluation) or in the

reasonably foreseeable near future after (date of evaluation). If you consider future uses,

they must be so reasonably probable as to affect fair market value on (date of evaluation).

They must not be merely possible uses based upon speculation, theory, or conjecture. You

should consider every element that establishes the fair market value of the property.

SPECIAL VERDICT

What was the fair market value of the property on (date of evaluation)?

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