OPTION B--When the Government Claims that a Loss in Fair Market Value is Offset by a Special Benefit to the Property from the Project, and Cost of Cure is an Issue There are three steps to determine severance damages. The special verdict form includes each of these steps. Step One: In Step One, you must determine the dollar amount by which the taking of Part T reduced the fair market value of Part NT. I will refer to this amount as the Initial Loss of Fair Market Value. Step Two: In Step Two, you must determine the Lost Fair Market Value for Part NT. The [government] claims that the Lost Fair Market Value for Part NT is lower than the Initial Loss in Fair Market Value because completion of the project conferred a special benefit on Part NT which [increased] [will increase] Part fair market NT’s value. A special benefit is a benefit that is specific to Part NT and is not shared by other properties in the area or the community at large. If you decide that completion of the project did not confer a special benefit on Part NT which [increased] [will increase] Part fair market value, there is no offset NT’s or reduction of the Initial Loss in Fair Market Value. As a result, the Lost Fair Market Value for Part NT is the same amount that you determined in Step 1. Proceed to Step 3, and evaluate the Lost Fair Market Value for Part NT, following the instructions that I will give you for Step 3.
OPTION B--When the Government Claims that a Loss in Fair Market Value is Offset by a Special Benefit to the Property from the Project, and Cost of Cure is an Issue There are three steps to determine severance damages. The special verdict form includes each of these steps. Step One: In Step One, you must determine the dollar amount by which the taking of Part T reduced the fair market value of Part NT. I will refer to this amount as the Initial Loss of Fair Market Value. Step Two: In Step Two, you must determine the Lost Fair Market Value for Part NT. The [government] claims that the Lost Fair Market Value for Part NT is lower than the Initial Loss in Fair Market Value because completion of the project conferred a special benefit on Part NT which [increased] [will increase] Part NT’s fair market value. A special benefit is a benefit that is specific to Part NT and is not shared by other properties in the area or the community at large. If you decide that completion of the project did not confer a special benefit on Part NT which [increased] [will increase] Part NT’s fair market value, there is no offset or reduction of the Initial Loss in Fair Market Value. As a result, the Lost Fair Market Value for Part NT is the same amount that you determined in Step 1. Proceed to Step 3, and evaluate the Lost Fair Market Value for Part NT, following the instructions that I will give you for Step 3.
27.06B.docx