The judgment of compensation for a taking of property by eminent domain shall include interest at a rate that is reasonable and just on the amount of the compensation awarded. If a court does not set a rate of interest on the amount of compensation awarded, the interest shall be calculated as follows: (1) If the period for which interest is owed does not exceed one year, interest shall be calculated from the date of taking at an annual rate equal to the weekly average one-year constant maturity yield of United States Treasury securities, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of taking; and (2) if the period for which interest is owed exceeds one year, interest for the first year shall be calculated pursuant to the provisions of subdivision (1) of this section and interest for each additional year shall be calculated on the combined amount of principal, which is the amount by which the compensation award exceeds the original condemnation deposit, plus accrued interest at an annual rate equal to the weekly average one-year constant maturity yield of United States Treasury securities, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the beginning of each year for which interest is owed. Such judgment shall not include interest on any funds deposited by the condemnor as compensation for the taking for the period after such deposited funds become available for withdrawal by the condemnee. The interest shall accrue from the date of taking to the date of payment.
(P.A. 87-260, S. 3; P.A. 95-343, S. 1, 2; P.A. 02-52, S. 1.)
History: P.A. 95-343 added provisions re calculation of interest applicable if court does not set rate of interest on amount of compensation awarded, effective July 13, 1995; P.A. 02-52 changed the rate of interest from the coupon issue yield equivalent of the average accepted auction price of 52-week U.S. Treasury bills settled immediately prior to the date of taking to the weekly average one-year constant maturity yield of U.S. Treasury securities for the calendar week preceding the date of taking, effective May 9, 2002.
Section unambiguously dictates that when the “judgment of compensation” does not include a rate of interest, the default rate applies. There is no authority allowing a trial court to adopt another rate of interest. 330 C. 200.
Cited. 21 CA 359. Trial court's statement that final award included, “all claims for interest, costs and appraisal fees,” precluded proper application of statute by preventing landowner from claiming interest on damages awarded to him. 109 CA 16.
Notes of Decisions
City of Hartford v. CBV Parking Hartford, LLC, 192 A.3d 406 (Conn. 2018).
· cites it 16× “The city appeals from that judgment, claiming that the trial court (1) improperly valued the property on the basis of an unreasonable assumption that the defendants would assemble their parcels with adjoining properties owned by the city for commercial development, and (2)…”
Ne. Ct. Econ. All., Inc. v. ATC P'ship, 776 A.2d 1068 (Conn. 2001).
· cites it 4× “4 In its cross appeal, the defendant *816 claims that the trial court improperly denied its request for an evidentiary hearing regarding the appropriate rate of interest to be allowed on the amount of compensation awarded, granting instead interest only at the default statutory…”
Ne. Ct. Econ. All., Inc. v. ATC P'ship, 861 A.2d 473 (Conn. 2004).
· cites it 4× “” The trial court ultimately found that just compensation *24 for the defendant at the time of the taking in September, 1994, was $1,752,365, and that the defendant was entitled to an award of interest at the statutory rate of 10 percent; see General Statutes § 37-3c; and costs…”
Town of Branford v. Barbara, 988 A.2d 221 (Conn. 2010).
· cites it 4× “” General Statutes § 37-3c provides in relevant part: “The judgment of compensation for a taking of property by eminent domain shall include interest at a rate that is reasonable and just on the amount of the compensation awarded.”
Ballou v. Law Offices Howard Lee Schiff, 39 A.3d 1075 (Conn. 2012).
· cites it 2× “General Statutes § 37-3c (providing that judgments in condemnation cases "shall include interest at a rate that is reasonable and just" and that, "[i]f a court does not set a rate of interest on the amount of compensation awarded, the interest shall be calculated [on the basis…”
U.S. Equities Corp. v. Ceraldi, 200 A.3d 747 (Conn. App. Ct. 2018).
· cites it 2× “7 General Statutes § 37-3c, in contrast to § 37-3a, "unambiguously dictates that, when the judgment of compensation does not include a rate of interest .”
McCarthy v. City of Bridgeport, 574 A.2d 226 (Conn. App. Ct. 1990).
· cites it 2× “There is no comparable provision authorizing the recovery of interest by the condemnor where the amount of the award is less than the deposit.”
Peter Rock Assocs. v. Town of North Haven, 756 A.2d 335 (Conn. Super. Ct. 1998).
· cites it 2× “The balance due Peter Rock in damages for the taking of August 6, 1996, therefore, is $82,000 plus interest thereon, at the reasonable and just rate of 7.”
Comm'r of Transp. v. Vega, 949 A.2d 1288 (Conn. App. Ct. 2008).
· cites it 6× “First, § 37-3c provides in relevant part: “The judgment of compensation for a taking of property by eminent domain shall include interest at a rate that is reasonable and just on the amount of the compensation awarded.”
DiLieto v. Cnty. Obstetrics & Gynecology Grp., P.C. (Conn. 2015).
· cites it 4× “General Statutes § 37-3c, the provision governing the rate of interest recoverable in condemnation cases, provides in relevant part that ‘‘interest shall be calculated from the date of taking at an annual rate equal to the weekly average one-year constant maturity yield of…”
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