Duhaime's Law Dictionary


Quick Take Definition:

A formal process of the exercise of eminent domain in which the government takes possession before the adjudication of compensation.

Related Terms: Eminent Domain, Straight Condemnation

In East Tennessee Natural Gas v Sage, Justice Michael of the United States Court of Appeals wrote extensively on straight condemnation:

"We begin our discussion by reviewing the mechanics of how the federal power of eminent domain is usually exercised. Congressional authorization is required for land to be condemned by the government for public use. Congress sometimes exercises the power of eminent domain directly by enacting a statute that appropriates specific property. Congress's normal practice, however, is to delegate the power of eminent domain to government officers who may condemn property in the name of the United States for public use. And Congress may grant condemnation power to private corporations executing works in which the public is interested.

"Although the federal statutes conferring the power of eminent domain routinely identify the officer who may exercise the power and the purpose for which it may be exercised, the statutes typically do not prescribe the procedural methods or steps for exercising the power. (The) Secretary of a military department may acquire by condemnation any interest in land needed for the site, construction, or operation of fortifications, coast defenses, or military training camps. The Secretary of the Interior is authorized in his discretion to acquire for inclusion within the Mammoth Cave National Park by condemnation any lands within the maximum boundaries....

"When a condemnation action becomes necessary, a government official has two statutory methods available for exercising the power of eminent domain. Under the first method, called straight condemnation, the action usually proceeds to a determination of just compensation and final judgment before the condemnor takes possession. Under the second method, often referred to as quick-take, the government may take possession of the condemned property at the beginning of the case."

In Redevelopment Agency v Gilmore, Justice Grodin of the Supreme Court of California referred to the:

"... early possession or quick-take provisions of the eminent domain law. Under that procedure, a condemning agency may take over condemned property prior to trial and judgment by depositing in court the probable compensation as determined by appraisal and obtaining an order for possession. The condemnee may apply for the right to withdraw the court deposit or any portion thereof.

"When the quick-take procedure is used, the final award of compensation draws legal interest, commencing when the agency took possession or when it was authorized to do so, whichever is earlier, and continuing until final payment. (However, interest ceases to accrue on any amount previously deposited in court when the condemnee withdraws that amount. In other words, the condemnee receives interest on the difference between the final award and any amount previously deposited and withdrawn."

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