§ 233.71. Vesting of title; interest.  


Latest version.
  • 1.

    The judgment of condemnation or the final decree, as the case may be, shall set forth the date or time when the county shall be and become vested with title to and entitled to the possession of, or to the exercise and enjoyment of the rights in, the real property described in the petition and shown on the map or maps as parcels wherein estates or rights are to be acquired in the proceeding, and shall contain a description of the land and a statement of what right, title or interest therein, and the nature and extent thereof, is acquired by the county. The county, or any person acting under its authority, may immediately or at any time or times after granting of judgment of condemnation take possession of the same or any part or parts thereof without any action or proceeding at law or otherwise for that purpose, except as provided in section 233.81 of this chapter.

    2.

    Any award or awards shall bear lawful interest from the date the county enters into possession and occupation or from the date of vesting of title as aforesaid, whichever is sooner, to the date of payment, except as herein otherwise provided. Upon the entry of the final decree, the same shall be attached to the judgment roll in the proceedings and shall show the amount directed to be paid either as compensation to the owner or party in interest, or for costs and expenses of the said proceeding, as taxed by the clerk. In the event that such amounts have not been paid upon the expiration of four months from the entry of said final decree, if no appeal has been taken therefrom, or if an appeal has been taken therefrom, then if such amounts have not been paid upon the expiration of four months after the entry of the final order or decree on appeal, any party entitled to payment in accordance with such final decree may docket as a judgment against the county the amounts due which shall have the same force and effect as a money judgment in an action in the Supreme Court; but the entry and docketing of such judgment as hereinabove provided shall under no circumstances constitute any lien or encumbrance whatsoever upon or against any property at any time owned by the county. The reversal on appeal of any final decree of the court or official referee shall not divest the county of title to the real property affected by the appeal.

(§ 107 of the Laws of 1948, Ch. 852)