Section 11 Date of Taking

• Library: Condemnation Practice 2009

The so-called date of taking is important because it becomes the date of valuation. In MAI 9.02 [2008 Revision] (partial taking) or 9.01 [2008 Revision] (total take), the jury needs the date of taking (called date of appropriation by MAI) to create a frozen slice of time with two sides for the jury to compare—a before condition and an after condition. Sections 11.12–11.15 below discuss what is a taking or damaging.

In the normal condemnation, the date of taking is the day the condemning authority pays the commissioners’ award into court as a substituted “res.” Possession of the land or rights by the condemnor is a function of that date such that, if the condemnor does not pay the amount of the commissioners’ award into the court’s...