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STATE EX REL. DEPT. OF TRANSP. v. PENN CENT.

511 A.2d 382 (1986)

STATE of Delaware, ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff, v. The PENN CENTRAL CORPORATION, a corporation of the Commonwealth of Pennsylvania, et al., and Unknown Others, Defendants.

Superior Court of Delaware, Sussex County.

Decided: May 27, 1986.

Attorney(s) appearing for the Case

David S. Lank, of Theisen, Lank, Mulford & Goldberg, Wilmington, for plaintiff.

Eduard F. von Wettberg, III, of Morris, James, Hitchens & Williams, Wilmington, for The Penn Central Corp.

TAYLOR, Judge.

The issue here is the interest rate to be paid by the State on the portion of the condemnation award which exceeded the State's deposit and the date from which the interest should run.

10 Del.C. § 6113 provides that in a condemnation proceeding "[i]nterest shall accrue on the award from the date of taking possession or from the date of the award, whichever first occurs."

In this case, determination of the "date of taking...

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