Sec. 48-21. Notice to encumbrancers of land taken for public use. Payments to encumbrancers. Disputes as to amount due. - Connecticut Statutes

      Sec. 48-21. Notice to encumbrancers of land taken for public use. Payments to encumbrancers. Disputes as to amount due. 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 P.A. 98-1 deleted references to repealed Secs. 32-387 to 32-391, inclusive, and substituted references to Secs. 32-635 to 32-640, inclusive, effective January 12, 1999; P.A. 99-241 deleted references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. Cited. 153 C. 377. Where plaintiffs' lien on premises now in condemnation proceeding was limited by the mortgage agreement to sixty thousand dollars, the 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. Cited. 175 C. 243.

      Cited. 34 CS 194.