State v. McGee
Decision Date | 03 February 1989 |
Citation | 543 So.2d 669 |
Parties | STATE of Alabama v. James E. McGEE, et al. 87-1071. |
Court | Alabama Supreme Court |
James A. Hall of Mountain & Mountain, Tuscaloosa, for appellant.
Christopher Lyle McIlwain of Hubbard, Waldrop, Reynolds, Davis & McIlwain, Tuscaloosa, for appellee.
Appellant, the State of Alabama, contests the amount of interest awarded by the trial court in a condemnation case in which the jury returned a verdict in favor of the landowner.
The facts of this case are not in dispute. On June 13, 1986, condemnation proceedings were instituted on several tracts of private property in Tuscaloosa County. The Probate Court of Tuscaloosa County made a determination that a just and fair compensation for the property involved was $64,900. On August 25, 1986, the State paid that amount into the probate court. Both parties appealed to the circuit court. On April 19, 1988, a jury rendered a verdict finding $85,500 to be a just and fair compensation. Both parties stipulated that the trial court would make determinations and calculations relating to interest and credit called for by the Alabama Code. On April 19, 1988, the trial court entered a final judgment in the amount of $96,702.05 ($85,500 jury verdict and $11,202.05 interest). The State argues that the trial court erred in awarding pre-probate court judgment interest and that no credit was given to the State for the amount of interest earned by the money that had been paid into the probate court as a result of the original probate court award.
The order of the circuit court states in pertinent part:
The pertinent statutory provision relating to the computation of interest on compensation awarded in condemnation cases is found at Ala.Code (1975), § 18-1A-211. The right to receive credits on principal paid into the probate court and the interest earned thereon is found in §§ 18-1A-212 and 18-1A-111.
Section 18-1A-211 states:
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Williams v. Alabama Power Co.
...the constitutional requirement that a party be justly compensated for property taken by eminent domain. See also State v. McGee, 543 So.2d 669 (Ala.1989). We applaud the Legislature's efforts to clarify Alabama's eminent domain law by adopting many of the sections contained in the UEDC. How......
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Samford University v. City of Homewood
...Code, this Court held that "the valuation date is the date the application to condemn is filed in the probate court." State v. McGee, 543 So.2d 669, 671 (Ala.1989). This was the rule until § 18-1A-211(a) was amended in 1995 to address only postjudgment, rather than prejudgment, interest. Fo......
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State v. Brennan
...compute the amount of prejudgment interest due in accordance with § 18-1A-211 and the procedures outlined in Cockrell and in State v. McGee, 543 So.2d 669 (Ala.1989). Specifically, the amount of interest due Brennan for the period between the date of valuation and the date of deposit of the......
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Williams v. Alabama Power Co.
...The court finds the interest it calculated in its order of November 17, 1995, is correct according to the mandates of State v. McGee, 543 So.2d 669 (Ala.1989). "[Williams] overlooks Section (b) of [Ala.Code, 1975] § 18-1A-211, in [his] calculation of interest and attempts to obtain addition......