Eminent Domain

Instruction No.            

     Under the Constitution and laws of this state, all private property is subject to the right of eminent domain which is the right of public entities to take private property for a public use upon payment of just compensation.

     This right is exercised through proceedings such as this action which is commonly called a condemnation action. The plaintiff herein is authorized by law to take the property here under consideration for the purpose of constructing                                               .

     As jurors, it will be your duty to determine the amount of just compensation to be paid by the plaintiff to the defendant.