Legal Opinion
State ex rel. Department of Transportation v. Penn Central Corp.
Superior Court of Delaware
Decided May 27, 1986PublishedCited by 1 opinion
1Opinion of the Court
TAYLOR, Judge.
The issue here is the interest rate to be paid by the State on the portion of the condemnation award which exceeded the State’s deposit and the date from which the interest should run.
10 Del. C. § 6113 provides that in a condemnation proceeding “[ijnterest shall accrue on the award from the date of taking possession or from the date of the award, whichever first occurs.”
In this case, determination of the “date of taking possession” is not ascertainable without considering • the parties’ actions both before and after the filing of this condemnation proceeding. The State…
2Cases cited5 opinions
- Rollins Environmental Services, Inc. v. WSMW Industries, Inc.Superior Court of Delaware · 1980
- E. M. Fleischmann Lumber Corp. v. Resources Corp. InternationalDistrict Court, D. Delaware · 1953
- Ames v. Wilmington Housing AuthoritySupreme Court of Delaware · 1967
- Martin v. the Star Publishing CompanySuperior Court of Delaware · 1954
- Central Life Assur. Soc. v. McGregorDistrict Court, E.D. Washington · 1945
3Cited by1 opinion
- Watkins v. Beatrice Companies, Inc.Supreme Court of Delaware · 1989