300.19. Issues Made by Complaint-Overhead Electric Transmission Line-Damage to Easement Strip Contested-No Dam. to Rem.

300.19 Issues Made by Complaint--Overhead Electric Transmission Line--Fact of Damage to Easement Strip Contested--No Damage to Remainder Claimed This is a proceeding in which the plaintiff, [name of plaintiff, e.g., Public Electric Company], has filed a complaint to take a perpetual easement to construct, operate and maintain an electric transmission line across the 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. You are to decide the following questions: First, what is the amount of just compensation to be paid the defendant for that part of his property which is occupied by the structures supporting the transmission line. Second, will there be damage to the part of the easement strip not occupied by the structures and, if so, then, Third, what is the amount of money which will reasonably and fairly compensate the defendant for the damage to that part of the easement strip not occupied by the structures. You must not concern yourselves with the right of plaintiff to acquire the easement, the need for the easement, or the wisdom of locating the transmission line on defendant's property. 1