Section 514. Interest; suspension


Latest version.
  • (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.