2005 Connecticut Code - Sec. 8-129. Agency to determine compensation and file with Superior Court and town clerks; notice to owners and interested parties. Possession of land. Certificate of taking.
Sec. 8-129. Agency to determine compensation and file with Superior Court
and town clerks; notice to owners and interested parties. Possession of land. Certificate of taking. 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 record interest therein and setting forth the amount of such compensation, and
a deposit as provided in section 8-130, with the clerk of the superior court for the judicial
district in which the property affected is located. Upon filing such statement of compensation and deposit, the redevelopment agency shall forthwith cause to be recorded, in
the office of the town clerk of each town in which the property is located, a copy of
such statement of compensation, such recording to have the same effect and to be treated
the same as the recording of a lis pendens, and shall forthwith give notice, as provided
in this section, to each person appearing of record as an owner of property affected
thereby and to each person appearing of record as a holder of any mortgage, lien, assessment or other encumbrance on such property or interest therein (a) in the case of any
such person found to be residing within this state, by causing a copy of such notice,
with a copy of such statement of compensation, to be served upon each such person by
a state marshal, constable or indifferent person, in the manner set forth in section 52-57 for the service of civil process, and (b) in the case of any such person who is a
nonresident of this state at the time of the filing of such statement of compensation and
deposit or of any such person whose whereabouts or existence is unknown, by mailing
to each such person a copy of such notice and of such statement of compensation, by
registered or certified mail, directed to his last-known address, and by publishing such
notice and such statement of compensation at least twice in a newspaper published in
the judicial district and having daily or weekly circulation in the town in which such
property is located. Any such published notice shall state that it is notice to the widow
or widower, heirs, representatives and creditors of the person holding such record interest, if such person is dead. If, after a reasonably diligent search, no last-known address
can be found for any interested party, an affidavit stating such fact, and reciting the steps
taken to locate such address, shall be filed with the clerk of the superior court and
accepted in lieu of mailing to the last-known address. Not less than twelve days or more
than ninety days after such notice and such statement of compensation have been so
served or so mailed and first published, the redevelopment agency shall file with the
clerk of the superior court a return of notice setting forth the notice given and, upon
receipt of such return of notice, such clerk shall, without any delay or continuance of
any kind, issue a certificate of taking setting forth the fact of such taking, a description
of all the property so taken and the names of the owners and of all other persons having
a record interest therein. The redevelopment agency shall cause such certificate of taking
to be recorded in the office of the town clerk of each town in which such property is
located. Upon the recording of such certificate, title to such property in fee simple shall
vest in the municipality, and the right to just compensation shall vest in the persons
entitled thereto. At any time after such certificate of taking has been so recorded, the
redevelopment agency may repair, operate or insure such property and enter upon such
property, and take any action that is proposed with regard to such property by the project
area redevelopment plan. The notice referred to above shall state that (1) not less than
twelve days or more than ninety days after service or mailing and first publication
thereof, the redevelopment agency shall file, with the clerk of the superior court for the
judicial district in which such property is located, a return setting forth the notice given,
(2) upon receipt of such return, such clerk shall issue a certificate for recording in the
office of the town clerk of each town in which such property is located, (3) upon the
recording of such certificate, title to such property shall vest in the municipality, the
right to just compensation shall vest in the persons entitled thereto and the redevelopment
agency may repair, operate or insure such property and enter upon such property and
take any action that may be proposed with regard thereto by the project area redevelopment plan, and (4) such notice shall bind the widow or widower, heirs, representatives
and creditors of each person named therein who then or thereafter may be dead. When
any redevelopment agency acting on behalf of any municipality has acquired or rented
real property by purchase, lease, exchange or gift in accordance with the provisions
of this section, or in exercising its right of eminent domain has filed a statement of
compensation and deposit with the clerk of the superior court and has caused a certificate
of taking to be recorded in the office of the town clerk of each town in which such property
is located as provided in this section, any judge of such court may, upon application and
proof of such acquisition or rental or such filing and deposit and such recording, order
such clerk to issue an execution commanding a state marshal to put such municipality
and the redevelopment agency, as its agent, into peaceable possession of the property
so acquired, rented or condemned. The provisions of this section shall not be limited in
any way by the provisions of chapter 832.
History: 1959 act added maximum period of ninety days after notice and statement of compensation served for agency to file return of notice, authorized agency to repair, operate or insure property, added property acquired or rented as well as condemned to provisions of section and exempted section from limitation by provisions of chapter 922; 1961 act set out procedure where last-known address of party to be notified is unknown; 1969 act deleted all references to bonds posted by development agencies; P.A. 78-280 replaced "county" with "judicial district" throughout section; P.A. 00-99 changed references to sheriff and deputy sheriff to state marshal, effective December 1, 2000; P.A. 04-257 made technical changes, effective June 14, 2004.
Section failing to provide owner with opportunity to contest taking, plaintiff, being without adequate remedy at law was entitled to equitable relief to obtain review of taking. 146 C. 237. Compensation may take into consideration moving expenses if these affect fair market value. 147 C. 362. Cited. 150 C. 44, 50; 152 C. 139, 140. Equitable relief indicated to review this agency's taking of property as no adequate remedy exists at law to contest taking. 154 C. 446. Only factors in existence on date of taking land may be considered in determining just compensation; where plaintiff completed move from building prior to date of taking, moving costs not a factor. 155 C. 89, 102. On date of recording of certificate of taking of defendant's property, title vested in municipality and, where possession was withheld by defendant for ten months thereafter, municipality was entitled to the reasonable value of defendant's use and occupation. 155 C. 397. As no single method of valuation was controlling, referee rightly selected most appropriate one for facts he found. 158 C. 37. City's postponement in applying for certificate of taking until determination of plaintiff condemnee's application for temporary injunction was proper and certificate was validly issued to city thereafter, although more than ninety days after statement of compensation filed. 158 C. 522. Cited. 160 C. 492, 519. Cited. 162 C. 527. Valuation of special use when no comparable sales exist. 164 C. 254. Valuation of restrictive covenant owned in gross, for nonpecuniary charitable purpose. 164 C. 337. Cited. 168 C. 135. Cited. 173 C. 525, 528. Cited. 175 C. 265-267. Cited. 179 C. 293, 308; 181 C. 217, 218. Cited. 203 C. 364, 370, 371.
Cited. 1 CA 20, 21. Cited. 2 CA 355, 358. Cited. 4 CA 271, 274. Cited. 7 CA 485, 486. Cited. 18 CA 508, 509. Cited. 20 CA 148, 149. Cited. 42 CA 292.
Despite terms of lease whereby lessee's rights terminated with eminent domain taking, held that lessee may be entitled to part of condemnation award for trade fixtures which added to value of leasehold. 21 CS 140. Tenant may, by agreement, relinquish to his landlord all rights he may have for any damage due to land-taking. 21 CS 404. Cited. 35 CS 157, 166.
