Volume 273 — Minnesota Reports

<bold>Eminent domain — condemnation proceedings — use of property</bold> <bold>by condemnee after taking — offset against award —</bold> <bold>procedure</bold>. <block_quote> 1. The proper procedure in condemnation cases where the condemnor seeks to offset the value of the use of the condemned premises by the condemnee after the date of the taking is this:</block_quote> <block_quote> (a) The condemnor should give timely notice in writing of the amount claimed as an offset.</block_quote> <block_quote> (b) The condemnee should give timely notice that he will contest the offset claim if he does not accede to it.</block_quote> <block_quote> (c) The issue framed should be submitted by special interrogatory to the jury trying the main action unless the parties agree otherwise.</block_quote> <bold>Same — same — same — same — determination of value of use</bold>. <block_quote> 2. In determining the value of the use of condemned property between the taking and relinquishment of possession, the question to be answered by the testimony of competent witnesses is: What was the reasonable market value of the use of the property taken for the period of the condemnee's possession, having in mind the state's right to demand possession of it in a limited period of time?</block_quote> <bold>Same — same — same — same — ceiling</bold>. <block_quote> 3. The ceiling upon offset for use of condemned property by the condemnee after the date of the taking (in the absence of agreement otherwise) is the interest which would accrue upon the amount awarded between (a) the date of the taking, and (b) the date of relinquishment of possession, without reference to prepayment of all or any part of the award by the condemnor.</block_quote>

<bold>New trial — grounds — misconduct of counsel</bold>. <block_quote> In an action for attorney's fees, it is held that final argument of plaintiff's counsel, provoked by improper statements made by defendant's<page_number>Page 510</page_number> attorney, was not so disparaging as to make a new trial necessary.</block_quote>