Section 26 Judgment

• Library: Condemnation Practice 2009

Until there has been an appropriation by proper legal proceedings and payment for damages, the property interest involved continues to be wrongfully and improperly used by the taker (unless the period of limitations has run as discussed in §11.5 above). Only upon payment by the taker—such as by payment of a verdict in an inverse condemnation proceeding—does the taker acquire an interest in the land for the ongoing maintenance of its facilities or for an easement. Thus, there is a lawful appropriation of the property only when the alleged condemnor pays the amount of damages assessed for the condemned property. The taking...