12-1123. Accrual of right to compensation and
damages; limitation
A. For the purpose of assessing compensation and damages, the right to compensation
and damages shall be deemed to accrue at the date of the summons, and its actual value at
that date shall be the measure of compensation and damages.
B. If there is an order for immediate possession before the final judgment, the
compensation and damages awarded shall draw interest from the date the order is entered
by the court. If the defendant is allowed to withdraw money deposited by the plaintiff
pursuant to section 12-1116, subsection M, the defendant is entitled to interest on the
money that the defendant is allowed to withdraw from the date the order for immediate
possession is signed by the court until the date of the withdrawal.
C. No improvements placed upon the property subsequent to the date of service of
the summons shall be included in the assessment of compensation or damages.
D. If an order is made letting plaintiff into possession before the recording of
the final order of condemnation, the plaintiff shall record the order in the office of
the county recorder of the county or counties in which the property is located and on the
recording so much of the defendant's property as is affected by the order shall
immediately be granted tax exempt status for future tax rolls and any unpaid property
taxes that have been levied, including penalties and interest, on the property shall be
paid to the county treasurer in the county in which the property is located pursuant to
section 12-1116.
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