New Mexico Forms Library

Decision Information

Decision Content

13-704. Partial taking; fair market value.

            In this case, only a part of the defendant's property was taken. The money damages to be paid the owner for the property actually taken is the difference between the fair market value of the entire property immediately before the taking and the fair market value of the remaining property immediately after the taking.

 

USE NOTE

            This instruction is not appropriate in cases involving partial condemnation of leaseholds. If a case is presented where there are multiple defendants owning separate properties, it is suggested that "each owner's" be inserted in lieu of the singular possessive.

[As amended, effective January 1, 1987.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.