(Download) "State Roads Commission of v. 370 Limited Partnership" by September Term, 1990 Court of Appeals of Maryland No. 28 " eBook PDF Kindle ePub Free
eBook details
- Title: State Roads Commission of v. 370 Limited Partnership
- Author : September Term, 1990 Court of Appeals of Maryland No. 28
- Release Date : January 23, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
In this condemnation action the State Roads Commission of the State Highway Administration (the State) utilized statutory ""quick-take"" procedures to freeze an early date of valuation and to permit an immediate taking of land owned by 370 Limited Partnership (the Partnership) and needed by the State to construct Interstate Highway 370 in Montgomery County. As it turned out, however, there was nothing quick about the taking. The State did not file its formal petition for condemnation within one year of its initial filing; it did not occupy or exercise dominion over the property until nearly one and one-half years after the initial filing; it amended the original petition by adding four acres to the property being taken from the Partnership more than two years after the initial filing; and, the case did not come to trial until more than four years after the initial filing. The principal bone of contention between the parties involves the proper valuation date. The Partnership contends the property was properly valued as of the date of trial. The State argues the proper date should be the date on which it amended the action, some two years before trial. Additionally, the parties disagree whether the Partnership is entitled to prejudgment interest on the difference between the amount originally deposited and the amount of the jury's verdict, and whether the trial judge erred in refusing to allow the State to call an expert as a rebuttal witness.
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