Legislation
SECTION 514
Interest; suspension
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 5
§ 514. Interest; suspension. (A) Subject to the provisions of this
chapter, a condemnee shall be entitled to lawful interest from the date
of acquisition to the date of payment. If it is determined that the
condemnor has in fact acquired the property prior to or without the
filing of an acquisition map as provided in section four hundred two of
this law, a condemnee shall be entitled to lawful interest from the date
of such acquisition. Where the condemnor has made an advance payment or
has deposited all or any part of the compensation owing to a condemnee
in an interest bearing account, or in the eminent domain account
established pursuant to section ninety-seven-dd of the state finance
law, the condemnor's obligation to pay interest on the amount so paid or
deposited shall terminate as of the date of such payment or deposit.
(B) In all acquisitions under subdivision (A) of section five hundred
one, unless a condemnee files and serves his claim against the condemnor
for damages arising from the acquisition of his property, within six
months after accrual of such claim, or within six months after personal
service of the notice of acquisition upon the condemnee, whichever is
later, interest shall be suspended; interest so suspended shall
thereafter again commence to accrue upon the date of the filing of such
claim.
(C) If an appeal is taken by the condemnor or the condemnee, the
condemnor shall pay such portion of the award of the court from which
appeal has not been taken upon proof of a condemnee's entitlement
thereto.
(D) Where an appeal has been taken by either a condemnee or the
condemnor or by both from all or part of an award of the court, the
condemnor may deposit in a special interest bearing account all or any
part of the amount directed to be paid in the award other than any
advance payment already made including the amount required to be paid
pursuant to subdivision (C) hereof. Interest on the amount deposited
shall not be allowed from the expiration of twenty days after
notification in writing by the condemnor to the condemnee or his
attorney, that the condemnor is ready and willing to pay said amount
upon proof of entitlement thereto, such as vouchers and instruments. Any
such deposit or payment shall be without prejudice to the rights of the
condemnor or the condemnee on such appeal.
chapter, a condemnee shall be entitled to lawful interest from the date
of acquisition to the date of payment. If it is determined that the
condemnor has in fact acquired the property prior to or without the
filing of an acquisition map as provided in section four hundred two of
this law, a condemnee shall be entitled to lawful interest from the date
of such acquisition. Where the condemnor has made an advance payment or
has deposited all or any part of the compensation owing to a condemnee
in an interest bearing account, or in the eminent domain account
established pursuant to section ninety-seven-dd of the state finance
law, the condemnor's obligation to pay interest on the amount so paid or
deposited shall terminate as of the date of such payment or deposit.
(B) In all acquisitions under subdivision (A) of section five hundred
one, unless a condemnee files and serves his claim against the condemnor
for damages arising from the acquisition of his property, within six
months after accrual of such claim, or within six months after personal
service of the notice of acquisition upon the condemnee, whichever is
later, interest shall be suspended; interest so suspended shall
thereafter again commence to accrue upon the date of the filing of such
claim.
(C) If an appeal is taken by the condemnor or the condemnee, the
condemnor shall pay such portion of the award of the court from which
appeal has not been taken upon proof of a condemnee's entitlement
thereto.
(D) Where an appeal has been taken by either a condemnee or the
condemnor or by both from all or part of an award of the court, the
condemnor may deposit in a special interest bearing account all or any
part of the amount directed to be paid in the award other than any
advance payment already made including the amount required to be paid
pursuant to subdivision (C) hereof. Interest on the amount deposited
shall not be allowed from the expiration of twenty days after
notification in writing by the condemnor to the condemnee or his
attorney, that the condemnor is ready and willing to pay said amount
upon proof of entitlement thereto, such as vouchers and instruments. Any
such deposit or payment shall be without prejudice to the rights of the
condemnor or the condemnee on such appeal.