UJI 13-706 NMRA
UJI 13-706. Entire taking of leasehold; damages to lessor.
The owner of the property taken is also the lessor under a lease on the property for
a term ending __________________.
The owner-lessor is entitled to recover money damages for the total of the following:
1.
The net rental loss due for cancellation of the lease for the remaining term;
2.
The depreciated value of the improvements the lessor would have owned
at the end of the lease term; and
3.
The fair market value of the land at the end of the lease term.
All damages awarded for the above items shall be discounted to present value as of
the date of taking.
The term โnet rental loss,โ as used in this instruction, means the total rent payable by
the tenant less the total expenses, if any, payable by the lessor for the balance of the
lease term.