In any proceeding brought under the provisions of subsection (b) or (e) of section
13a-73 or section
13a-74,
13a-76,
13a-77,
13a-78 or section
19a-645 or subsection (a), (b) or (c) of section
32-658 or sections
32-659 to
32-663, inclusive, notice shall be given to all persons appearing of record as holders of any mortgage, lien or other encumbrance on any real estate or interest therein which is to be taken by right of eminent domain or by condemnation proceedings, in the same manner as notice is required to be given to the owner of such property; and the amount due any such mortgagee, lienor or other encumbrancer, not exceeding the amount to be paid for such property, shall be paid to him according to priority of claims, before any sum is paid to any owner of such property. In case of dispute as to the amount due any such mortgagee, lienor or other encumbrancer, the money may be deposited with the clerk of the superior court for the judicial district in which such property is situated, and anyone claiming an interest in the same may bring suit therefor, making all others claiming interest in the fund defendants, and the court may determine the rights in the fund of all parties to such suit, and may tax costs according to the rules of equity.
(1949 Rev., S. 7188; February, 1965, P.A. 574, S. 35; 1967, P.A. 808, S. 4; P.A. 73-582, S. 2; P.A. 78-280, S. 2, 127; Sept. Sp. Sess. P.A. 93-1, S. 15, 35; Dec. Sp. Sess. P.A. 98-1, S. 36, 43; P.A. 99-241, S. 59, 66; P.A. 00-140, S. 27, 40.)
History: 1965 act updated list of applicable sections, substituting Secs. 13a-73, 13a-74, 13a-76, 13a-77 and 13a-78 for Secs. 13-107, 13-145, 13-146 and 13-150; 1967 act changed wording slightly but made no substantive changes; P.A. 73-582 added reference to Sec. 19-73t; P.A. 78-280 substituted “judicial district” for “county”; Sept. Sp. Sess. P.A. 93-1 added references to Subsec. (a), (b) and (c) of Sec. 32-387 and Secs. 32-388 to 32-391, inclusive, effective September 28, 1993; Dec. Sp. Sess. P.A. 98-1 deleted references to repealed Secs. 32-387 to 32-391, inclusive, and substituted references to Secs. 32-635 to 32-640, inclusive, effective January 12, 1999; P.A. 99-241 deleted references to Secs. 32-635 and 32-636 to 32-640 and substituted references to Secs. 32-659 and 32-660 to 32-664, effective July 1, 1999; P.A. 00-140 revised statutory references consistent with changes in said act, effective May 2, 2000.
Respective rights of mortgagees to award after tax foreclosure. 115 C. 428. Where payment made to owner in disregard of rights of encumbrancer, owner is primarily liable, and city secondarily. 116 C. 601. Committee appointed under plaintiff corporation's charter could not pass on claims of any persons other than the owners. 124 C. 445. Depreciation in property because of housing project in area not a compensable interest. 145 C. 196. Cited. 149 C. 205; 153 C. 377. Where plaintiffs' lien on premises now in condemnation proceeding was limited by the mortgage agreement to $60,000, mortgagees had a prior lien on the condemnation fund only to that amount. 154 C. 600. Taxes assessed by municipality are lien from date of assessment to be paid by condemnee before state pays condemnation award. 155 C. 335. Cited. 161 C. 59; 175 C. 243.
Cited. 34 CS 194.
Notes of Decisions
LMK Enter., Inc. v. Sun Oil Co., 860 A.2d 1229 (Conn. App. Ct. 2004).
· cites it 9× “On April 22, 2002, LMK brought suit pursuant to General Statutes § 48-21, 5 invoking paragraph 2.”
Town of Darien v. Est. of D'Addario, 784 A.2d 337 (Conn. 2001).
· cites it 2× “to 1999) § 48-21 7 to serve notice on subsequent lienholders in applying for access to the property under § 48-13.”
Barnini v. Sun Oil Co., 283 A.2d 217 (Conn. 1971).
· cites it 3× “The plaintiffs brought suit in the Superior Court to determine the rights of the parties under General Statutes § 48-21. 1 The court determined the value of the lease to be $2040.”
Town of Newington v. Est. of Young, 777 A.2d 219 (Conn. Super. Ct. 2000).
· cites it 3× “” Under the pertinent provisions of General Statutes § 48-21, notice shall be given to encumbrancers of land taken for public use in the same manner as notice is required to be given to the owner of such property, and the amount due such lienor, “not exceeding the amount to be…”
Texaco, Inc. v. Comm'r of Transp., 383 A.2d 1060 (Conn. Super. Ct. 1977).
· cites it 2× “, under General Statutes § 48-21. That case was returned to Stamford rather than to Bridgeport but was subsequently transferred to Bridgeport under a memorandum of decision in which the cases were consolidated.”
Canterbury Realty Co. v. Ives, 216 A.2d 426 (Conn. 1966).
· cites it 2× “General Statutes § 48-21. Consequently, the hearings concerned with the valuation of the fee were of the utmost importance to him.”
Eljay Realty Co. v. Argraves, 177 A.2d 677 (Conn. 1962).
· cites it 2× “See General Statutes §§48-21, 48-22. The referee found that the sand and gravel processing business was the “highest and best use” to which the plaintiff’s land could be put.”
Gigliotti v. Wood, 397 A.2d 1342 (Conn. 1978).
· cites it 2× “Upon motion and stipulation, the apportionment dispute was referred by the court to another state referee, to be decided pursuant to General Statutes § 48-21. The parties stipulated that after deducting attorneys’ fees and other agreed-upon costs, there was a balance of $39,048.”
Slavitt v. Ives, 303 A.2d 13 (Conn. 1972).
“See also G-eneral Statutes § 48-21. Section 13a-73 (b) further provides that on the filing of the assessment, the defendant shall “forthwith” sign and file with the town clerk a certificate “setting forth the fact of such taking, a description *205 of the real property so taken…”
Matter of Terry, 343 S.E.2d 923 (N.C. 1986).
“C.G.S. § 48-21(c), and none was entered. 2 .”
Ives v. Addison, 232 A.2d 311 (Conn. 1967).
· cites it 3× “” General Statutes §48-21; see Palo v. Rogers, 116 Conn.”
Smalls v. Ives, 296 F. Supp. 448 (D. Conn. 1968).
“§ 48-21. . Plaintiff soon fell behind in her payments ($1600.”
Conn. Gen. Stat. § 48-21(c): 1 case
Matter of Terry, 343 S.E.2d 923 (N.C. 1986).
“C.G.S. § 48-21(c), and none was entered. 2 .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.