Department of Public Works & Buildings v. Schon

The sole question here is whether, after a “quick-take” order in an eminent domain action, interest is payable on the excess above the amount preliminarily found to be just compensation or on the amount by which the final award exceeds the amount deposited under the order.

The circuit court of Madison County held in two cases that interest was payable only on the sum by which the final award exceeds the total amount deposited by the State. Appeals were taken to this court and we transferred them to the Appellate Court, Fifth District, which consolidated them for opinion. That court reversed…