State v. Pia Star Realty Co.

Schwartz, J. C. C.

(temporarily assigned). The State moves under authority of N. J. 8. A. 27:7-22 for judgment for the excess ($87,200) deposit by it over a jury award in condemnation, and for interest from January 17, 1969 to date of receipt by plaintiff of such excess. In effect, the proceeding is one to settle the form of the judgment. (B. 4:42-1), together with the “hearing” provided for in said statute.

The State on January 1, 1968, pursuant to the statute, deposited $191,600 upon the filing of its declaration of taking. On January 17, 1969 there was a re-appraisal and the State deposited…