WI · jury_instructions
Wis JI-Civil 8104
Eminent Domain: Unity of Use - Two or More Parcels
In considering the fair market value of both the entire property and the remaining
property, you must first determine whether the parcels of real estate owned by (plaintiff) were
used as a single unit, or whether they were used as separate units. The fact that the parcels
were touching does not, by itself, make them a single unit, nor does the fact that the parcels
were not touching, by itself, make them separate units. You may consider that they were
touching or separated, in connection with all the credible evidence received in this case, in
determining whether the parcels were used as a single unit or as separate units.
If you determine that two or more parcels of real estate owned by (plaintiff) were used
as a single unit, consider the taking as a partial taking from all of those parcels as the entire
property.
However, if you determine that the parcels of real estate owned by (plaintiff) were
used as separate units, you will then make your determination of fair market value only with
respect to the parcel(s) from which the taking occurred.
In determining the value of the entire property, you may consider it as a single amount
or as the sum of the value of the individual parcels making up the entire property.
History
Wis JI-Civil 8104 (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
2a2134a2c254b822894b8118923806bd0ac077633c84a7bb22cb5198563daa98
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