Department of Transportation v. Olshan

The property being condemned is subject to five separate security deeds on five separate portions. There is one overall appraisal and one deposit for prepayment purposes. But the five security deed holders must litigate among themselves to apportion the deposit before they can exercise their prepayment rights. To them the prepayment rights are meaningless. This is not the intent of the statute requiring prepayment deposits nor the *218constitutional provision under which it was adopted. To give them meaning the state must make separate appraisals under the circumstances here. However, I see no…