300.15. Issues Made by Complaint-Easement Strip-Underground Pipeline or Cable-No Damage to Remainder Claimed | Pdf Doc Docx | Illinois_JI

 Illinois Jury Instructions   Civil   300 Eminent Domain 
300.15. Issues Made by Complaint-Easement Strip-Underground Pipeline or Cable-No Damage to Remainder Claimed | Pdf Doc Docx | Illinois_JI

Last updated: 4/13/2015

300.15. Issues Made by Complaint-Easement Strip-Underground Pipeline or Cable-No Damage to Remainder Claimed

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Description

300.15 Issues Made by Complaint--Easement Strip--Underground Pipeline or Cable--No Damage to Remainder Claimed This is a proceeding in which the plaintiff, [name of plaintiff, e.g., Public Gas Company], has filed a complaint to acquire a perpetual easement to operate and maintain a[n] [, e.g., pipeline], 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 amount of money which will reasonably and fairly compensate the defendant for the damage within the easement strip caused by the presence of the easement. 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 [, e.g., pipeline] on defendant's property. 1

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