300.60. Measure of Damages-Leasehold the Only Interest Taken-Tenants Right to Compensation Contested

300.60 Measure of Damages--Leasehold the Only Interest Taken--Tenant's Right to Compensation Contested In deciding whether the defendant is entitled to compensation for the taking of his leasehold interest, you must first determine the fair rental value of the defendant's leasehold. If the fair rental value of the leasehold exceeds the rent agreed upon in the lease, the defendant is entitled to the excess. But if, on the other hand, the fair rental value of the leasehold does not exceed the rent, the defendant is not entitled to compensation.