300.23. Issues Made by Complaint of Tenant-Total Taking of Fee Interest-Total Taking of Leasehold Interest

300.23 Issues Made by Complaint of Tenant--Total Taking of Fee Interest--Total Taking of Leasehold Interest 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, [name of landlord], is the owner of the property and is the landlord. The defendant, [name of tenant], is the tenant. The tenant has filed a counterclaim asking that the value of [his] leasehold interest in the property be determined. You are to decide the following questions: First, what is the total amount of just compensation to be paid for the entire property. Second, what part of that total is the fair rental value of the leasehold. You must not concern yourselves with the right of plaintiff to take the property or the need for the property or the wisdom of locating the proposed public use on the property.