3512. Severance Damages Offset for Benefits

3512. Severance Damages--Offset for Benefits Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The [name of condemnor] claims that the remainder of [name of property owner]'s property has received a benefit from the project as proposed. You must determine the amount of benefit by determining any reasonably certain increase in the fair market value of the remaining property caused by the project. [You must then subtract that amount from the severance damages. If the project's benefit to the remaining property is equal to or greater than the loss caused by the taking, then you must award zero severance damages. Any benefits to the remaining property should not be subtracted from the value of the property that [name of condemnor] has taken.] ________________________________________________________________________________ New September 2003