Sec. 48-23. Obtaining possession of land acquired by eminent domain. - Connecticut Statutes

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Statutes > Connecticut > Title48 > Chap835 > Sec48-23

      Sec. 48-23. Obtaining possession of land acquired by eminent domain. When, under the provisions of any statute authorizing the condemnation of land in the exercise of the right of eminent domain, an appraisal of damages has been returned to the clerk of the Superior Court, as provided by law, and when the amount of appraisal has been paid or secured to be paid or deposited with the State Treasurer, as provided by law, any judge of the Superior Court may, upon application and proof of such payment or deposit, order such clerk to issue an execution commanding a state marshal to put the parties entitled thereto into peaceable possession of the land so condemned.

      (1949 Rev., S. 7190; 1961, P.A. 517, S. 115; P.A. 00-99, S. 98, 154.)

      History: 1961 act referred to amount of appraisal paid or deposited with state treasurer, rather than with county treasurer, county government having been abolished in 1959; P.A. 00-99 replaced reference to sheriff of the county with state marshal, effective December 1, 2000.

      Cited. 139 C. 200. There is merit to contention of plaintiff town that defendant condemnee holding possession of condemned land after title had passed to highway commissioner condemnor had become a tenant by sufferance of commissioner and was a tenant within meaning of section 52-549. 159 C. 64.

State Codes and Statutes

Statutes > Connecticut > Title48 > Chap835 > Sec48-23

      Sec. 48-23. Obtaining possession of land acquired by eminent domain. When, under the provisions of any statute authorizing the condemnation of land in the exercise of the right of eminent domain, an appraisal of damages has been returned to the clerk of the Superior Court, as provided by law, and when the amount of appraisal has been paid or secured to be paid or deposited with the State Treasurer, as provided by law, any judge of the Superior Court may, upon application and proof of such payment or deposit, order such clerk to issue an execution commanding a state marshal to put the parties entitled thereto into peaceable possession of the land so condemned.

      (1949 Rev., S. 7190; 1961, P.A. 517, S. 115; P.A. 00-99, S. 98, 154.)

      History: 1961 act referred to amount of appraisal paid or deposited with state treasurer, rather than with county treasurer, county government having been abolished in 1959; P.A. 00-99 replaced reference to sheriff of the county with state marshal, effective December 1, 2000.

      Cited. 139 C. 200. There is merit to contention of plaintiff town that defendant condemnee holding possession of condemned land after title had passed to highway commissioner condemnor had become a tenant by sufferance of commissioner and was a tenant within meaning of section 52-549. 159 C. 64.

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State Codes and Statutes

Statutes > Connecticut > Title48 > Chap835 > Sec48-23

      Sec. 48-23. Obtaining possession of land acquired by eminent domain. When, under the provisions of any statute authorizing the condemnation of land in the exercise of the right of eminent domain, an appraisal of damages has been returned to the clerk of the Superior Court, as provided by law, and when the amount of appraisal has been paid or secured to be paid or deposited with the State Treasurer, as provided by law, any judge of the Superior Court may, upon application and proof of such payment or deposit, order such clerk to issue an execution commanding a state marshal to put the parties entitled thereto into peaceable possession of the land so condemned.

      (1949 Rev., S. 7190; 1961, P.A. 517, S. 115; P.A. 00-99, S. 98, 154.)

      History: 1961 act referred to amount of appraisal paid or deposited with state treasurer, rather than with county treasurer, county government having been abolished in 1959; P.A. 00-99 replaced reference to sheriff of the county with state marshal, effective December 1, 2000.

      Cited. 139 C. 200. There is merit to contention of plaintiff town that defendant condemnee holding possession of condemned land after title had passed to highway commissioner condemnor had become a tenant by sufferance of commissioner and was a tenant within meaning of section 52-549. 159 C. 64.