Don't deposit the check! By Andy Delaney This week's opinion explores whether depositing a check for a partial payment constitutes "acceptance and use" of payment for purposes of barring a challenge to necessity of the taking or the public purpose of a highway project. I swear I was trying to simplify there, but I'm not sure I made it. It's not quite a have-your-cake-and-eat-it-too situation, but the phrase does come to mind. The State of Vermont is reconstructing the I-89 interchange at Exit 16. In connection with this project, it determined it needed to take some land. It brought condemnation proceedings, which are required when those with property interests don't agree to the taking. In this case, those proceedings ultimately shook out so that two such entities were entitled to payment (I'm simplifying). The statute governing the proceedings provides that "use and acceptance" of a payment doesn't foreclose damages arguments, but does
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