§ 48-11 — Deposit in court pending determination of amount to be paid.

Connecticut § 48-11

• Jurisdiction: Connecticut
• Title 48: Eminent Domain

Text

Whenever the state takes property under any provision of the general statutes or any special act, and the state and the owner or owners of such property or of any interest therein are unable to agree on the amount to be paid as just compensation for such property, the taking authority shall file, with the clerk of the court to which a petition for the assessment of just damages has been preferred, a statement of the sum of money estimated by such authority to be just compensation for the property or interest therein taken. Such sum shall be deposited in said court to the use of the person or persons entitled thereto and notice of such deposit shall be given to such person or persons by such clerk. The court may require such person or persons to give bond to the state conditioned on the repayment to the state of so much of such deposit which may be withdrawn as exceeds the amount of compensation finally awarded. Interest shall not be allowed in any judgment on so much of such amount as had been deposited in said court. Upon the application of any such owner or owners, the court, after determining the equity of the applicant in such deposit, may order that the money so deposited, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in such proceeding. If the compensation finally awarded exceeds the total amount of money so deposited or received by any person or persons entitled thereto, the court shall enter judgment against the state for the amount of the deficiency. See Sec. 37-3c re calculation of interest in condemnation cases.

Legislative History

(November, 1955, S. N220; 1957, P.A. 384.) Cited. 149 C. 210. Fair intent of section read with Sec. 13a-73(b) is that landowner is not entitled to interest on any sum of money which has been deposited with court and is available to him; deposit has effect of tender and stops running of interest on amount available. Id., 214. Cited. 150 C. 524. Taxes assessed by city of Norwalk before date of condemnation are to be paid by owner of property as they are a lien she is obliged to satisfy. 155 C. 335. Highway commissioner after taking property of plaintiff could not amend his notice of condemnation and obtain a refund of part of deposit already paid over to condemnee. 156 C. 131. Where compensation finally awarded exceeded amount deposited in a state highway condemnation, interest was ordered paid by state to date of its payment of deficiency awarded by judgment. Id., 416. Cited. 221 C. 736. Cited. 11 CA 439. Condemnee continuing in occupation after deposit was made by highway commissioner became tenant at sufferance liable to pay reasonable value of such occupancy to state. 5 Conn. Cir. Ct. 107. Cited. 6 Conn. Cir. Ct. 97.