WI · jury_instructions
Wis JI-Civil 8103
Eminent Domain: Severance Damages: Cost-To-Cure
The term "severance damages" has been used during the trial. Severance damages
reduce the fair market value of the remaining property because of the partial taking.
If you conclude that severance damages exist, you should subtract the amount of the
severance damages from the fair market value of the remaining property in answering
Question 2 of the Special Verdict.
Evidence has been received about the cost of measures(s) which [could be/could have
been] taken to partially or completely cure the condition(s) which caused the severance
damages. You should consider this cost-to-cure evidence only if you are convinced that:
1. The cost-to-cure is less than the severance damages, and
2. The curative measures are reasonable to partially or completely restore the
remaining property to its condition or status immediately before the partial
taking.
If you are convinced that the curative measure(s) would only partially cure the
condition(s) sought to be cured, you should consider any severance damages which would
remain after the curative measure(s) [has/have] been implemented.
History
Wis JI-Civil 8103 (2007). ©2007, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
7d3d0c2c01cdcbd9fd03647718bb1f5b1701b5a02dabcdc11975008e1c72de05
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.