People ex rel. Department of Public Works v. Williams

Opinion

DRAPER, P. J.

Both parties appeal. Each limits his appeal to issues concerning interest upon the award.

We find no merit whatever in the state’s contention that failure to file a claim with the state bars recovery of any prejudgment interest. Interest is but an incident of the award made to an owner in a condemnation action. The state, and not the owner, initiated this proceeding in *982eminent domain, thus seeking a fixing of the award and, obviously, undertaking to pay it when fixed. To require filing of a claim would be to reverse the roles of the parties, and to assumd that the action…