Legal Question in Appeals and Writs in Alabama

Condemnation -Just Compensation, Interest

Because Just Compensation on condemnation includes interest from date of taking, whose responsibility is it to make sure that monies deposited during condemation proceedings bear interest while case is on appeal?


Asked on 4/27/07, 12:22 pm

1 Answer from Attorneys

Chip Browder Hubbard, Smith, McIlwain, Brakefield & Browder, PC

Re: Condemnation -Just Compensation, Interest

I have not researched this particular issue before, but I am aware of a recent condemnation in our area, and the funds were "freed" to the landowner following the probate court proceeding, with the landowner then appealing into circuit court for the additional compensation he believes he was due for his property. Interest on the ultimate award from circuit court will most likely be added "damages" that the city will have to pay at the conclusion of those proceedings.

there is also a legal doctrine in Alabama law that you must take whatever reasonable steps you can to "minimize your own damages" and so in your case I would respectfully advise that you make a written demand to the governmental agency, as well as the court clerk for the court in which your case is pending, to have all "deposited" funds put in an interest-bearing account. then if you come up short so to speak, you would have done all within your control to reasonable minimize your ultimate damages.

such letters should be sent certified mail with return receipt requested, so that you can prove your demand was made. good luck and if you don't have a local attorney already assisting you, let us know and we will be happy to suggest a few names. Have a blessed weekend and Lord's Day. Chip

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Answered on 4/27/07, 10:08 pm


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