300.11 Issues Made by Complaint and Counterclaim--Fee Interest Taken--Fact of Damage to Remainder Contested This is a proceeding in which the plaintiff, [name of plaintiff, e.g., Department of Transportation of the State of Illinois], has filed a complaint to take certain property of the defendant by exercising the power of eminent domain. Eminent domain is the power given by law to a [public body] [public service company] to take private property for a public use. The constitution of the State of Illinois provides that private property shall not be taken or damaged for public use without just compensation. The defendant has filed a counterclaim claiming that the remainder [will be] [has been] damaged by the taking. Plaintiff denies that there [will be] [has been] any damage to the remainder. You are to decide the following questions: First, what is the amount of just compensation to be paid the defendant for the property which [will be] [has been] taken. Second, [will] [has] the remainder [be] [been] damaged by the taking and, if so, then, Third, what is the amount of money which will reasonably and fairly compensate the defendant for that damage. You must not concern yourselves with the right of plaintiff to take the property of the defendant or the need for the property or the wisdom of locating the proposed public use on defendant's property. 1