Baker v. Nashville Housing Authority

408 S.W.2d 651, 219 Tenn. 201, 23 McCanless 201, 1966 Tenn. LEXIS 628
CourtTennessee Supreme Court
DecidedNovember 15, 1966
StatusPublished
Cited by2 cases

This text of 408 S.W.2d 651 (Baker v. Nashville Housing Authority) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. Nashville Housing Authority, 408 S.W.2d 651, 219 Tenn. 201, 23 McCanless 201, 1966 Tenn. LEXIS 628 (Tenn. 1966).

Opinion

Me. Special Justice William J. Haebison

delivered the opinion of the Court.

[203]*203In this case the sole question presented is the proper award of interest to a property owner whose property has been condemned by a Housing Authority.

The facts of the case are undisputed. On December 15, 1965, the Nashville Housing Authority filed a petition condemning certain property belonging to Mr. and Mrs. Joseph H. Baker, in Nashville, Tennessee, for use in the development of an urban renewal project in East Nashville. On the same date, a declaration of taking was filed by the Nashville Housing Authority, which stated in part:

Under the provisions of Title 23, sec. 1507, Tennessee Code Annotated, your petitioner is authorized and empowered to take the within described property before the entry of final judgment, or at any time on or after the filing of its petition for condemnation.

The petition alleged that the sum of $55,000.00 was fair and just compensation for the property described, and averred that said amount had been deposited in the hands of the Clerk of the Circuit Court of Davidson County, Tennessee,

* * * for the use of the defendants or such persons as may be entitled thereto, as their interests may appear, as compensation for the said property.

On December 21, 1965, an order was entered in the Sixth Circuit Court of Davidson County, Tennessee, sustaining the condemnation, and appointing a jury of view to appear on January 4,1966. The decree further recited the payment of the sum of $55,000.00’ into court, pursuant to the declaration of taking “as provided in Title 23, sec. 1507, Tennessee Code Annotated,” and the decree divested all right, title and interest of the defendants to [204]*204the subject property and vested absolute fee simple title in the Nashville Housing Authority. The decree authorized the Clerk of the Court to furnish proper evidenced of title to the condemning authority ; authorized the issuance of a writ of possession to put the Housing Authority in possession of the real estate on or after January 4, 1966; and referred the matter to the Clerk for determination of any taxes due. The decree further transferred all liens of the defendants or liens for taxes to the funds in the hands of the Clerk. It concluded as follows:

Upon the incoming of the Clerk’s Report upon this reference, the Court will enter an order of disbursement for the payment of liens, if any, and taxes, and the balance of the fimds mil be held subject to further orders of the Court for the use and benefits of the defendants, as their interests may appear. (Emphasis supplied.)

The jury of view was duly empaneled, and on January 26,1966, filed its report fixing the fair value of the property at $60,000.00. The $5,000.00 deficiency was paid into court on February 26, 1966.

"While it appears that the Housing Authority on two occasions made motions to confirm the report of the jury of view, a final order confirming the report of the jury of view was not entered until March 31,1966. This order recited that the report of the jury of view was un-excepted to and that neither party desired to appeal the findings of the jury of view. The report of the jury of view was accordingly confirmed. The decree recited that the Housing Authority had already paid into the Registry of the court the sum of $60,000.00 which was due to the defendants, and accordingly the Authority was [205]*205awarded an indefeasible title to the condemned property in fee simple. The order also again authorized a writ of possession and the furnishing of evidence of title by the Clerk. The order recited that the Clerk had reported that there were no taxes due. It recited that the parties were in dispute as to the amount of interest due the landowners, and contained a finding by the court that the Housing Authority was required to pay interest on the entire award of the jury of view, including the sum deposited with the Clerk, at the rate of 6% per annum. The court allowed interest, however, only from January 4, 1966, the date possession was given to the Housing Authority, to January 31, 1966,

* * * the date the Order confirming the Report of the Jury of Yiew could reasonably have been entered, the Jury of View having filed its report on January 26, 1966.

Interest in the amount of $269.04, calculated as above stated, was awarded, and both parties excepted to the ruling as to interest. The property owners perfected an appeal in the nature of a writ of error, and the Housing Authority has filed the record for review on writ of error.

It is the insistence of the Housing Authority, with whose appeal we shall first deal, that the property owners had the right to withdraw the $55,000.00 paid into court at the time of its deposit in court, upon showing that they were the persons entitled to the money, and that, therefore, interest should not have been allowed on the amount thus deposited. It is argued that the order of the court entered December 21,1965, resolve any doubt as to the parties properly entitled to the award, and that [206]*206the property owners had the right to withdraw the $55,000.00 deposit at any time after that date. It is insisted that the property owners cannot, by leaving the money on deposit with the court, force- the Housing Authority to pay interest on the amount left on deposit. Accordingly, the Housing Authority insists that the property owners were entitled to interest only on $5,000.00, being the deficiency or difference between the amount deposited and the amount ultimately awarded by the jury of view.

The Housing Authority expressly asks this Court to overrule its earlier holding in the case of Nashville Housing Authority v. Doyle, 197 Tenn. 555, 276 S.W.2d 722 (1955), in which the contentions now advanced by it were rejected, or to hold this decision no- longer applicable by reason of recent statutes. The Housing Authority points out that the State of Tennessee, its counties or municipalities, are authorized by T.C.A. sec. 23-1526 to- pay estimated just compensation into court at the time of the filing of a condemnation petition, and that this code section expressly provides that “no interest shall be allowed on the amount deposited with said clerk.” The Housing Authority recognizes that T.C.A. sec. 23-1527 provides that the terms of T.C.A. sec 23-1526 “shall not apply to any housing authority, association, or administration. ’ ’ It insists, however, that either it is entitled to the benefit of the provisions of sec. 23-1526, or else there is an unreasonable and arbitrary classification and discrimination by the Legislature against housing authorities if they must pay interest on the entire award, while the State and its subsidiaries are required to pay interest only on a deficiency.

[207]*207We have carefully examined the record in the present case and the authorities cited by the Housing Authority, and we are unable to agree with its contentions for the reasons hereinafter stated.

The petition for condemnation filed herein states that the Housing Authority has the power of eminent domain under T.C.A. sec. 13-804(16) and other sections of Title 13 of the Code. The petition recites that

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Related

Nashville Housing Authority v. Hill
497 S.W.2d 917 (Court of Appeals of Tennessee, 1972)
State, Department of Highways v. Thornton
415 S.W.2d 884 (Court of Appeals of Tennessee, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
408 S.W.2d 651, 219 Tenn. 201, 23 McCanless 201, 1966 Tenn. LEXIS 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-nashville-housing-authority-tenn-1966.