Printable Format26-511. Interest on final judgment. (a) If the compensation finally awarded on appeal exceeds the amount of money paid to the clerk of the court pursuant to K.S.A. 26-507, the judge shall enter judgment against the plaintiff for the amount of the deficiency, with interest. If the compensation finally awarded on appeal is less than the amount paid to the clerk of the court pursuant to K.S.A. 26-507, the judge shall enter judgment in favor of the plaintiff for the return of the difference, with interest.
(b) If the money paid to the clerk of the court under K.S.A. 26-507 is paid before July 1, 1982, the judgment shall bear interest as follows:
(1) On and after the date of the payment to the clerk and before July 1, 1982, at the rate of 6% per annum; and
(2) on and after July 1, 1982, and until the date the judgment is paid, at the rate provided by K.S.A. 16-204, and amendments thereto.
(c) If the money paid to the clerk of the court under K.S.A. 26-507 is paid on or after July 1, 1982, the judgment shall bear interest, on and after the date of the payment to the clerk and until the date the judgment is paid, at the rate provided by K.S.A. 16-204, and amendments thereto.
History: L. 1963, ch. 234, § 11; L. 1982, ch. 88, § 2; July 1.
CASE ANNOTATIONS
1. Specific reference to interest on eminent domain judgments controls over general provision. Schwartz v. Western Power & Gas Co., Inc., 208 Kan. 844, 851, 494 P.2d 1113.
2. Special statute applicable only to condemnation appeals taken under eminent domain procedure act, K.S.A. 26-501 et seq. Herman v. City of Wichita, 228 Kan. 63, 68, 69, 612 P.2d 588.
3. Determination of rate of post-judgment interest. Meinhardt v. Kansas Power & Light Co., 8 Kan. App. 2d 471, 473, 661 P.2d 820 (1983).
4. Applicability of K.S.A. 16-204 regarding postjudgment interest rate noted. Evans v. Provident Life & Accident Ins. Co., 15 Kan. App. 2d 97, 112, 803 P.2d 1033 (1991).
5. State statutory interest rate applied to condemnation award to landowner from natural gas pipeline company. Spears v. William Natural Gas Co., 932 F. Supp. 259, 260 (1996).
6. Property owners not required to hold excess eminent domain award in trust for city. In Re Taylor, 197 B.R. 909 (1996).
7. Eminent domain statutes discussed; school district's purchase of land later resold. Knop v. Gardner Edgerton U.S.D. No. 231, 41 Kan. App. 2d 698, 205 P.3d 755 (2009).