300.16 Issues Made by Complaint and Counterclaim--Easement Strip-- Underground Pipeline or Cable--Fact of Damage to Remainder Contested This is a proceeding in which the plaintiff, [name of plaintiff, e.g., Public Gas Company], has filed a complaint to acquire a perpetual easement to operate and maintain a[n] [e.g., pipeline] across the 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 property outside the easement strip will be damaged by the taking. Plaintiff denies that the property outside the easement strip will be damaged. You are to decide the following questions: First, what is the amount of money which will reasonably and fairly compensate the defendant for the damage within the easement strip caused by the presence of the easement. Second, will the property outside the easement strip be damaged by the presence of the easement 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 acquire the easement, the need for the easement or the wisdom of locating the [e.g., pipeline] on the defendant's property. 1