Laserfiche WebLink
Mr. Timothy R. Scherkenbach <br />March 20, 1990 <br />Page Two <br />MS 117.145 APPEAL <br />The appeal is ap rt of the condemnation process and not a <br />separate action under some other law. <br />MS 117.165 JURY TRIALS; DISCLOSURE <br />Where an appeal is taken, the owner is entitled to a jury trial. <br />MS 117.175 TRIAL, BURDEN OF PROOF, COSTS <br />The jury trying the case shall reassess the damages from the <br />beginning and apportion the same as evidence and justice <br />require. <br />The allowable costs described include land, damages, expert <br />witness, appraisal and property owner's reasonable costs as <br />allowed by the Court. <br />MS 117.195 INTEREST; AWARD, WHEN PAYABLE; DISMISSAL; <br />COSTS <br />This section requires that interest be paid on damages from the <br />date of the petitioner's possession of the land. In this case, the <br />City was awarded title and possession to the land on April 13, <br />1987. <br />In support of the City's position, we are including the District Court Order Granting <br />Petition and Vesting Title and Possession, dated February 23, 1987, the District <br />Court's Notice of Filing and Entry of Judgment awarding damages, interest, and <br />costs, dated September 20, 1989, the District Court's Notice of Filing and Entry of <br />Amended Judgment awarding damages, interest, and costs, dated November 8, 1989, <br />and the Amended Final Certificate in Condemnation, dated January 8, 1990. <br />A summary of the land costs is as follows: <br />Land $70,000.00 <br />Interest and Owner's Costs $16A53.70 <br />Total $86,453.70 <br />Less previously approved by MPCA-$49.600.00 <br />Balance $36,853.70 <br />