King v. State Roads Commission of the State Highway Administration

MURPHY, Chief Judge.

The primary issue in this “quick-take” condemnation case is whether the constitutional requirement that the State pay “just compensation” for private property taken for public use includes, as an integral part thereof, interest at the prevailing market rate from the time possession of the property is taken to the time of payment of the condemnation award.

I

Both the Fifth Amendment to the Federal Constitution and Article III, § 40 of the Constitution of Maryland prohibit the taking of private property for public use without the payment of just compensation to the property…