Condemnor’s Quick Take Powers Require That Owner Receive Preliminary Compensation Offer

A recent Supreme Court  decision out of Massachusetts illustrates the need to make sure a property owner receives what is deemed preliminary compensation (referred to in the opinion as the “pro tanto payment”) when a condemnor exercises its quick take powers to acquire and take control of an owner’s property before the condemnation action is completed and before the final determination of just compensation has been made. Indeed, the court rules that the preliminary payment must be extended to the property owner even if the owner is contesting the eminent domain case and seeking to have the property returned. In Abuzahra v. City of Cambridge, the City refused to make the preliminary offer of compensation (an amount of $3.7 million) available to the owner Abuzahra because of questions regarding the state of title. However, even after the title issue had been resolved and Abuzahra established he was the rightful recipient of the funds, the City continued to refuse to pay him because he was challenging the taking. To read the opinion in full click here. To understand the concept of “quick take” also called “immediate possession,” refer to OCA’s Dictionary of Key Terms.

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