§ 37-6-23. Calculation of interest and payment of judgment.
(a) If a petition for assessment of damages is filed, then the property owner shall be entitled to interest on the fair market value of the property taken by the acquiring authority from the date it is condemned to the day that judgment enters. Interest thereon shall be calculated on the fair market value of the property which exceeds the amount offered by the acquiring authority pending final disposition of the court proceedings. Upon a recovery of final judgment, an execution shall be issued therefor and shall be forthwith paid by the general treasurer out of any funds appropriated and available therefor. Interest on any judgment shall be computed daily to the date of payment and shall be compounded annually. Interest shall be calculated as follows:
(1) Where the period for which interest is owed does not exceed one year, interest shall be calculated for such period form the date of taking at an annual rate equal to the weekly average one year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of the taking.
(2) Where the period for which interest is owed is more than one year, interest for the first year shall be calculated in accordance with subdivision (1) of this section and interest for each additional year shall be calculated on the combined amount of the principal and accrued interest at an annual rate equal to the weekly average one year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the beginning of each additional year.
(b) In the event the one year constant maturity Treasury yield is converted to a different standard reference base or otherwise revised, the determination of interest shall be made with the use of such converted or revised standard reference base. In the event the Board of Governors of the Federal Reserve System ceases to publish a converted or revised rate, interest shall be calculated at a rate published by the United States Treasury Department, or other comparable entity, that establishes a rate reflecting or best approximating the market conditions for one year investments at the time of the taking and each additional year that interest is owed pursuant to subdivision (2) above.
History of Section.P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-23; P.L. 1962, ch. 9, § 1; P.L. 1968, ch. 257, § 1; P.L. 1989, ch. 555, § 4; P.L. 1994, ch. 258, § 1; P.L. 2003, ch. 260, § 1; P.L. 2003, ch. 275, § 1; P.L. 2011, ch. 363, § 36.
Structure Rhode Island General Laws
Title 37 - Public Property and Works
Chapter 37-6 - Acquisition of Land
Section 37-6-1. - State properties committee — Composition.
Section 37-6-1.1. - Reporting requirements.
Section 37-6-1.2. - Training requirements.
Section 37-6-1.3. - Public disclosure of the management and disposal of property.
Section 37-6-2. - Rules, regulations, and procedures of committee.
Section 37-6-3. - Detail of state employees to duty with committee.
Section 37-6-4. - Powers and duties supplemental.
Section 37-6-5. - Power of department and agency heads to acquire property for public use.
Section 37-6-8. - Approval and filing of conveyances to state.
Section 37-6-9. - Acceptance of conveyances by treasurer.
Section 37-6-10. - Acquisition of limited or encumbered title.
Section 37-6-11. - Acquisition of outstanding interests limiting or encumbering title.
Section 37-6-12. - Examination of title by attorney general — Acquisition of title insurance.
Section 37-6-13. - Authorization of condemnation for road purposes.
Section 37-6-13.1. - Authorization of condemnation for state office buildings.
Section 37-6-15. - Service of notice of condemnation.
Section 37-6-16. - Publication of notice of condemnation.
Section 37-6-17. - Payment of agreed price for condemned land.
Section 37-6-18. - Petition for assessment of damages by jury.
Section 37-6-19. - Late filing of petition for assessment of damages.
Section 37-6-20. - Pretrial conference with state properties committee — Proceeding to trial.
Section 37-6-21. - Conduct of trial on damages.
Section 37-6-21.1. - Expediting proceedings.
Section 37-6-22. - Consolidation of petitions as to same land.
Section 37-6-23. - Calculation of interest and payment of judgment.
Section 37-6-23.1. - Procedure where no claim filed or owner unknown or under disability.
Section 37-6-23.2. - Deposit of fair market value as determined by state’s reviewing appraiser.
Section 37-6-25. - Liberal construction — Technicalities — Severability.
Section 37-6-27. - Use of state property for city park purposes.