Commissioner of Transportation v. Clarence Zachery et al. (2011)

MEMORANDUM OF DECISION RE MOTION FOR CLARIFICATION

As provided in C.G.S. § 37–3c the Court herewith sets the rate of interest on the compensation awarded the appellants in this case at the rate of 8% per annum ¹ beginning August 14, 2007.

This interest rate is applicable to the total amount of the compensation ordered by the Court less the amount paid in court by the commissioner.

In the opinion of this Court the appraiser's fee as authorized in § 13a–76 includes all of the work done by the appraiser with reference to the trial of the case.   It is clear that a written appraisal is required and also in this case the presence of the appraiser at the trial.   Therefore, the Court sets the appraisal fee at $7,500 for both the written appraisal and the appraiser's appearance at the trial.

Hale, JTR

FOOTNOTES

FN1. The court considers the interest rate set by the legislature in C.G.S. § 13a–79 to be a fair and equitable rate for the somewhat similar situation of this case..  FN1. The court considers the interest rate set by the legislature in C.G.S. § 13a–79 to be a fair and equitable rate for the somewhat similar situation of this case.

Hale, Robert J., J.T.R.