§ 1268.340.Interest Assessed By Court
Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 4. Interest · Enacted 1975 · no amendments on record · Last verified July 29, 2026
Full Text of § 1268.340
Plain-English Summary
Eminent domain trials typically put the core valuation questions -- what the property is worth, what damage or benefit affects a remainder -- before a jury. This section carves interest out of that arrangement entirely.
All of it goes to the judge: interest generally, interest that accrued because the agency possessed the property before judgment, and any offset against interest under § 1268.330 for continued possession or rents received. None of that gets submitted to the jury; the court works out the interest calculation on its own.
That division of labor reflects what interest calculation involves -- applying a statutory rate formula and offset rules to dates and figures already established elsewhere in the case, rather than the kind of valuation judgment a jury is suited to make.
Frequently Asked Questions
Who decides the amount of interest owed in an eminent domain case?
The court, not the jury.
Does that include interest from the agency's possession before judgment?
Yes. Interest accrued because of pre-judgment possession is also assessed by the court.
Who decides the offset against interest for continued possession or rents received?
The court assesses that offset as well, under this section.
Amendment History
Added by Stats. 1975, Ch. 1275.