Conn. Gen. Stat. » Title 48 — EMINENT DOMAIN · Chapter 835 — Eminent Domain
Connecticut General Statutes

Conn. Gen. Stat. § 48-11 (2026)

Deposit in court pending determination of amount to be paid

✓ current as of May 2026
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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or persons to give bond to the state conditioned on the repayment to the state of so much of such deposit which may be withdrawn as exceeds the amount of compensation finally awarded.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.

(November, 1955, S. N220; 1957, P.A. 384.)

See Sec. 37-3c re calculation of interest in condemnation cases.

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.

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Notes of Decisions
Cited in 15 cases, 1962–2010 · leading case: Salgreen Realty Co. v. Ives, 177 A.2d 673 (Conn. 1962).
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Salgreen Realty Co. v. Ives, 177 A.2d 673 (Conn. 1962). · cites it 10× “On August 24,1960, the commissioner, purporting to act under General Statutes § 48-11, issued a service transfer invoice in the amount of $125,000.”
Greene v. Burns, 607 A.2d 402 (Conn. 1992). · cites it 4× “The defendant deposited that sum with the court in accordance with General Statutes § 48-11, 1 and the *739 court subsequently paid that amount to the plaintiffs in November, 1988.”
DeLucia v. Burns, 527 A.2d 1234 (Conn. App. Ct. 1987). · cites it 4× “That amount was deposited with the clerk of the Superior Court and the plaintiff withdrew it in accordance with General Statutes § 48-11. 4 The plain *442 tiff thereafter filed an appeal under General Statutes § 13a-76 5 claiming that he was aggrieved because the damages…”
Birnbaum v. Ives, 301 A.2d 262 (Conn. 1972). · cites it 3× “General Statutes § 48-11 provides that the taking authority shall deposit in court to the use of the person whose property is being taken an amount “estimated” to be just compensation but “[t]he court may require such person or persons to give bond to the state conditioned on…”
Comm'r v. Towpath Assocs., 767 A.2d 1169 (Conn. 2001). · cites it 2× “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…”
Carl Roessler, Inc. v. Ives, 239 A.2d 538 (Conn. 1968). · cites it 5× “time of the original notice of condemnation and the time of the filing of the amended notice of condemnation? The fundamental question before us is whether, on the facts of this case, the defendant may abandon a portion of the property condemned in Ms original notice of…”
Colaluca v. Ives, 191 A.2d 340 (Conn. 1963). “The plaintiff received a copy of the notice of condemnation, and on November 18,1960, $35,000 was deposited pursuant to the provisions of § 48-11, in order to make that amount immediately available to the plaintiff and thereby stop the running of interest on the award in her…”
E. & F. Constr. Co. v. Ives, 242 A.2d 768 (Conn. 1968). · cites it 2× “That sum of money was deposited with the court in accordance with General Statutes § 48-11 and was withdrawn by the plaintiff pursuant to that statute.”
Gentile v. Ives, 303 A.2d 720 (Conn. 1972). · cites it 2× “General Statutes § 48-11. It is evident that by the present appeal the defendant, who has failed to comply with the portion of the judgment of November 7,1968, ordering him to pay interest on the condemnation award “to the date of payment,” seeks to secure by a collateral attack…”
Comm'r of Transp. v. Isis Realty Assocs. Ltd. P'ship, 993 A.2d 491 (Conn. App. Ct. 2010). · cites it 6× “See General Statutes § 48-11. 6 In order to provide certificates of title, the defendants incurred title search expenses.”
Matter of Est. of Edwards, 343 S.E.2d 913 (N.C. 1986). “This biological parent, however, must consent to the adoption, as must any biological parent who does not come within the ambit of N.”
Matter of Terry, 343 S.E.2d 923 (N.C. 1986). “C.G.S. § 48-11 provided that a consent by a parent to adoption of his or her child could not be revoked after entry of an interlocutory or final decree of adoption or after six months following consent.”
Show all 15 citing cases →
Conn. Gen. Stat. § 48-11(a): 1 case
Matter of Est. of Edwards, 343 S.E.2d 913 (N.C. 1986). “This biological parent, however, must consent to the adoption, as must any biological parent who does not come within the ambit of N.”
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