pattern jury instructions
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table of contents
index
nd cases cited
nd statutes cited
cross reference numbers
burden of proof req.
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Damage to Business
2008
- Eminent Domain
C - 75.12
You may not award the landowner damages for any increased business expense or for damages to or loss of business that does not diminish the fair market value of the property from which the condemned interest is taken. Discomfort, disturbance, inconvenience, and injury to business that do not affect fair market value of the property not taken are sacrifices that society has a right to ask for the public good and, therefore, are not compensable.