35.08 [1996 Revision] Illustrations(Eminent Domain(All Property Taken

Instruction No 1 35.08 [1996 Revision] IllustrationsCEminent DomainCAll Property Taken John and Mary Jones were the owners of Blackacre which was taken by the State on July 1, 1980. Commissioners were appointed and made their award of damages. Plaintiff and defendants filed timely exceptions to the Commissioners' award. The issue of damages was tried to a jury. Instruction No. 1 (Same as MAI 2.01) Note: In condemnation cases, the defendant is first in the order of proof and the references to plaintiff and defendants in MAI 2.01 will be reversed. See MAI 2.01 Notes on Use. Instruction No. 2 (See MAI 2.03 (1980 New)) As you remember, the court gave you a general instruction before the presentation of any evidence in this case. The court will not repeat that instruction at this time. However, that instruction and the additional instructions, to be given to you now, constitute the law of this case and each such instruction is equally binding upon you. You should consider each instruction in light of and in harmony with the other instructions, and you should apply the instructions as a whole to the evidence. The order in which the instructions are given is no indication of their relative importance. All of the instructions are in writing and will be available to you in the jury room. Instruction No. 3 (See MAI 2.02 (1980 Revision)) In returning your verdict you will form beliefs as to the facts. The court does not mean to assume as true any fact referred to in these instructions but leaves it to you to determine what the facts are. Instruction No. 4 (See MAI 3.02 (1981 Revision)) The burden is on defendants to cause you to believe that they have sustained damage and the amount thereof. In determining the amount of your verdict, you must consider only the evidence and the reasonable inferences derived from the evidence. If you do not believe certain evidence, then you cannot consider that evidence in arriving at the amount of your verdict. Instruction No. 5 (See MAI 2.04 (1981 Revision)) The verdict form included in these instructions contains directions for completion and will allow you to return the permissible verdict in this case. Nine or more of you must agree in order to return any verdict. A verdict must be signed by each juror who agrees to it. Instruction No. 6 (See MAI 9.01 (1965 New)) You must award defendants such sum as you believe was the fair market value of defendants' property immediately before the taking on July 1, 1980. Instruction No. 7 (See MAI 16.02 (1978 Revision)) The phrase "fair market value" as used in these instructions means the price which the property in question would bring when offered for sale by one willing but not obliged to sell it, and when bought by one willing or desirous to purchase it but who is not compelled to do so. In determining fair market value you should take into consideration all the uses to which the property may best be applied or for which it is best adapted, under existing conditions and under conditions to be reasonably expected in the near future. VERDICT A (See MAI 36.01 (1980 RevisionCModified)) We, the undersigned jurors, assess the damages of defendants at $ amount ). Note: All jurors who agree to the above findings must sign below. (stating the