369 Mass. 499 | Mass. | 1976
The plaintiff’s land was taken by the defendant by eminent domain, and later a pro tanto payment was made. G. L. c. 79, § 8A. The plaintiff claims interest on the amount of the pro tanto payment from the date of taking until the date it received notice that the payment was available to it. The defendant claims that no interest was owed for this period because the payment could not be made until the plaintiff obtained a release of a lease on the premises. A j'udge of the Superior Court awarded the plaintiff the interest it claimed, and we affirm.
There was no error. Just compensation includes interest from the date of taking to the date of payment. G. L. c. 79, § 39. Woodworth v. Commonwealth, 353 Mass. 229, 231-233 (1967), and cases cited. Under G. L. c. 79, § 8A, the taking authority may stop the running of interest by making a pro tanto payment or offer. “The purpose of a pró tanto payment is merely to prevent the accumulation of interest on the amount of the offer and to provide funds for the recipient of the offer without waiting for a final adjudication.” The statute does not require “that interest on the amount of the pro tanto offer be included in order to make the offer valid.” Horne v. Boston Redevelopment Authority, 358 Mass. 460, 464 (1970). In the computation of damages the owner is “entitled to have the clerk compute and add to the amount of the verdict interest ... on the amount . . . [offered] from the date of the taking ... to the date of the receipt of the pro tanto offer, and interest ... on the difference . . . between the amount . . . [offered] and the amount of the verdict . . . from the date of the taking ... to the date of the verdict . . . .” Id. at 465.
The defendant argues that it could not safely pay a landlord when it had notice of a lease. Universal Con
Judgment affirmed.