Not by reason of this section, not by reason of anything in the proposed act.
The only place they can take non-use value into account by reason of the act is for the purpose of determining if there are aggravating factors, not for the purpose of determining compensation. If you could point out to me one place in this bill where it says that non-use value is a component of compensatory damages, you'd get a little further with me, but I have looked and I don't see it.
Can you point out to me any court decision that takes a provision on aggravating features and turns it into a compensatory order? Do you know of any such decision?