300.31 Burden of Proof--Fee Interest Taken--Fact of Damage to Remainder Contested The defendant has the burden of proving that the taking of a portion of [his] property [will cause] [has caused] damage to the remainder of [his] property. This means that, considering all the evidence in the case, you must be persuaded that it is more probably true than not true that the remainder [will be] [has been] damaged by the taking.