WI · jury_instructions
Wis JI-Civil 8115
Eminent Domain: Special Benefits
The term "special benefits" has been used during the trial. Special benefits increase
the fair market value of the remaining property after (date of evaluation) because of the
(defendant)'s public project.
Special benefits are different from "general benefits." General benefits are those
benefits that are enjoyed by the community as a result of (defendant)'s public project. Special
benefits arise because of the unique relationship between the remaining property and the
completed public project.
Before you may find that special benefits have accrued to the remaining property, you
must first find that the benefit is peculiar to the remaining property and provides it with an
uncommon advantage. You need not find that the remaining property's use has changed.
The burden of proof is on (defendant) to establish that the remaining property received
a direct and immediate special benefit because of the public project. (Defendant) must show
that the claimed special benefits are direct, immediate and certain, rather then remote and
speculative, as to both time and place.
If you find that special benefits have accrued to the remaining property, you should
consider the special benefits in answering Question 2 of the Special Verdict.
History
Wis JI-Civil 8115 (2008). ©2008, 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
4a1d0024897ff20f583ef3f32aa6c665cb5e5018b55e9111ee9d7c11957fd4d6
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