300.12. Issues Made by Complaint and Counterclaim-Fee Interest Taken-Fact of Damage to Remainder Admitted-Amt Contested

300.12 Issues Made by Complaint and Counterclaim--Fee Interest Taken--Fact of Damage to Remainder Admitted--Amount Contested This is a proceeding in which the plaintiff, [name of plaintiff, e.g., Department of Transportation of the State of Illinois], has filed a complaint to take certain property of the defendant by exercising the power of eminent domain. Eminent domain is the power given by law to a [public body] [public service company] to take private property for a public use. The constitution of the State of Illinois provides that private property shall not be taken or damaged for public use without just compensation. The defendant has filed a counterclaim that the remainder [will be] [has been] damaged by the taking. Plaintiff denies damage in the amount claimed. You are to decide the following questions: First, what is the amount of just compensation to be paid the defendant for the property which [will be] [has been] taken. Second, what is the amount of money which will reasonably and fairly compensate the defendant for damage to the remainder. You must not concern yourselves with the right of plaintiff to take the property of the defendant or the need for the property or the wisdom of locating the proposed public use on defendant's property. 1