State v. Kelley

Citations

• 108 Wash. 245
• 182 P. 942
• 1919 Wash. LEXIS 824

Syllabus

<p>Eminent Domain (86-88, 136)—Compensation — Deduction of Benefits—Instructions to Jury. In condemnation proceedings on behalf of the state for the purpose of a public highway, there may be offset against the damages, as special benefits to lands not taken, the enhancement of the market value after the improvement; and the jury is properly instructed that the measure of damages is the market value of the strips taken, together with the depreciation caused by the taking, from which the jury should deduct such sum as the lands were actually benefited or enhanced in value by the . construction of the road; and it was not necessary to define general or common benefits and then tell the jury not to consider them.</p>