300.59. Measure of Damages-Entire Fee Interest and Entire Leasehold Taken
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300.59 Measure of Damages--Entire Fee Interest and Entire Leasehold Taken In deciding whether the tenant is entitled to a share of the compensation to be paid for the entire property, you must first determine the fair rental value of the tenant's leasehold. If the fair rental value of the leasehold exceeds the rent agreed upon in the lease, the tenant is entitled to the excess. But if the fair rental value of the leasehold does not exceed the rent, the tenant is not entitled to any share of the compensation.