Whenever any redevelopment agency files a statement of compensation as provided for in section
8-129, it shall deposit with the clerk of the Superior Court a sum of money equal to the amount set forth in the statement of compensation to the use of the persons entitled thereto. The redevelopment agency, at any time prior to the issuance by the clerk of the Superior Court of a certificate of taking, as provided for in section
8-129, may withdraw any condemnation proceeding by filing with the clerk of the Superior Court a withdrawal, which shall state that all persons having a record interest therein have been given notice of the withdrawal in the same manner as provided in section
8-129 for giving notice of the filing of a statement of compensation. Upon the filing of such a withdrawal the clerk of the Superior Court shall return to the redevelopment agency any moneys deposited in court without charge of any fee. The redevelopment agency shall cause a copy of such withdrawal to be recorded in the office of the town clerk of each town in which the property which is the subject of the condemnation proceeding is located so as to remove the lis pendens as provided in section
8-129. If the amount of compensation is finally determined through the filing of an amended statement of compensation which is thereafter accepted by the owners and all other persons having a record interest therein as provided for in section
8-131, the redevelopment agency shall deposit with such amended statement an additional sum of money representing the excess over the amount appearing in the original statement of compensation. Interest shall not be allowed in any judgment on so much of the amount as has been deposited in court. Upon the application of any person claiming an interest therein the Superior Court, or any judge thereof, after determining the equity of the applicant in the deposit, shall 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 the 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 municipality for the amount of the deficiency.
(1957, P.A. 270, S. 3; 1959, P.A. 397, S. 4; 1961, P.A. 231, S. 2; 1969, P.A. 226, S. 2.)
History: 1959 act specified “superior” court “or any judge thereof”; 1961 act added withdrawal procedure; 1969 act deleted provision concerning bond to be posted by development agency.
See Sec. 37-3c re calculation of interest in condemnation cases.
Cited. 153 C. 119; 155 C. 86; 158 C. 38; 160 C. 492; 168 C. 135; 179 C. 293.
Cited. 1 CA 20; 2 CA 355; 4 CA 271; 21 CA 359; 23 CA 554.
Cited. 35 CS 157.
Notes of Decisions
Town of Branford v. Barbara, 988 A.2d 221 (Conn. 2010).
· cites it 10× “3 The owners claim that the court improperly concluded, on the basis of its determination that the offer of judgment statute conflicts with General Statutes § 8-130, 4 which specifically limits the award of *807 prejudgment interest in condemnation cases, that § 52-192a cannot…”
Ne. Ct. Econ. All., Inc. v. ATC P'ship, 776 A.2d 1068 (Conn. 2001).
· cites it 4× “In September, 1994, Northeast filed a return of notice and deposited $1 with the clerk of the Superior Court pursuant to General Statutes § 8-130. 7 Thereafter, the defendant applied, pursuant to General Statutes (Rev.”
AvalonBay Communities, Inc. v. Town of Orange, 775 A.2d 284 (Conn. 2001).
· cites it 2× “” The procedures required by those enumerated sections include: determining the compensation to be paid to the condemnee and filing a statement of compensation with the clerk of the Superior Court; General Statutes § 8-129; filing a deposit as provided in General Statutes §…”
Tandet v. Urban Redevelopment Comm'n, 426 A.2d 280 (Conn. 1979).
· cites it 2× “See General Statutes § 8-130. The defendant filed, on May 29, 1975, a second notice of taking in which it obtained the right to demolish the entire warehouse and a temporary easement over the plaintiffs’ remaining property to facilitate its demolition.”
McCarthy v. City of Bridgeport, 574 A.2d 226 (Conn. App. Ct. 1990).
· cites it 6× “Pursuant to General Statutes § 8-130, the defendant deposited $475,000 with the clerk of the Superior Court for the use of the plaintiff, and the plaintiff withdrew the money on deposit.”
Pequonnock Yacht Club, Inc. v. City of Bridgeport, 790 A.2d 1178 (Conn. 2002).
“relevant part: “The redevelopment agency shall determine the compensation to be paid to the persons entitled thereto for such real property and shall file a statement of compensation, containing a description of the property to be taken and the names of all persons having a…”
Simmons v. State, 280 A.2d 351 (Conn. 1971).
· cites it 2× “e requirements of chapter 266 of the General Statutes; that the town of East Granby had approved the request of the state to acquire the premises by eminent domain; that the state had determined the amount of compensation to be paid to the owners to be $15,000; and that,…”
Town of Darien v. Est. of D'Addario, 784 A.2d 337 (Conn. 2001).
“8-129 provides: “The redevelopment agency shall determine the compensation to be paid to the persons entitled thereto for such real property and shall file a statement of compensation, containing a description of the property to be taken and the names of all persons having a…”
Albahary v. City of Bristol, 886 A.2d 802 (Conn. 2005).
“” 12 General Statutes § 8-129 provides in relevant part: “The redevelopment agency shall determine the compensation to be paid to the persons entitled thereto for such real property and shall file a statement of compensation, containing a description of the property to be taken…”
City of New London v. Picinich, 821 A.2d 782 (Conn. App. Ct. 2003).
· cites it 4× “6 In compliance with General Statutes § 8-130, the plaintiff deposited $130,000 with the clerk of the Superior Court.”
New Haven Redevelopment Agency v. Rsch. Assocs., Inc., 214 A.2d 375 (Conn. 1965).
“The defendant applied to the Superior Court for a review of the assessment, and the matter was referred to a state referee pursuant to § 8-132. The referee concluded that $15,800 was just compensation for the taking.”
Annotations are extracted automatically from the opinions in the
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