Sec. 49-31. Actions against the state. - Connecticut Statutes

State Codes and Statutes

Statutes > Connecticut > Title49 > Chap846 > Sec49-31

      Sec. 49-31. Actions against the state. In any action to foreclose a mortgage or lien on any land in which the state, or any officer or agent thereof, claims to have an interest subordinate to that of the party seeking the foreclosure, the state, or such officer or agent, as the case may be, may be made a party defendant, and such interest may be foreclosed in the same manner and with the same effect as if such interest were held by an individual, except that no judgment may be rendered against the state or any officer or agent for money or costs of suit.

      (1949 Rev., S. 7212.)

      Cited. 206 C. 484. Section does not waive sovereign immunity so as to permit foreclosure of state-owned real property; term "interest" should be construed narrowly so as not to include the state's ownership interest in real property because to conclude otherwise would lead to the unreasonable and bizarre result of the state losing title and possession of state-owned properties critical to the administration of state government, contrary to the fundamental public policy that underlies the principle of sovereign immunity. 273 C. 287.

      Cited. 11 CA 53.

State Codes and Statutes

Statutes > Connecticut > Title49 > Chap846 > Sec49-31

      Sec. 49-31. Actions against the state. In any action to foreclose a mortgage or lien on any land in which the state, or any officer or agent thereof, claims to have an interest subordinate to that of the party seeking the foreclosure, the state, or such officer or agent, as the case may be, may be made a party defendant, and such interest may be foreclosed in the same manner and with the same effect as if such interest were held by an individual, except that no judgment may be rendered against the state or any officer or agent for money or costs of suit.

      (1949 Rev., S. 7212.)

      Cited. 206 C. 484. Section does not waive sovereign immunity so as to permit foreclosure of state-owned real property; term "interest" should be construed narrowly so as not to include the state's ownership interest in real property because to conclude otherwise would lead to the unreasonable and bizarre result of the state losing title and possession of state-owned properties critical to the administration of state government, contrary to the fundamental public policy that underlies the principle of sovereign immunity. 273 C. 287.

      Cited. 11 CA 53.

State Codes and Statutes

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State Codes and Statutes

Statutes > Connecticut > Title49 > Chap846 > Sec49-31

      Sec. 49-31. Actions against the state. In any action to foreclose a mortgage or lien on any land in which the state, or any officer or agent thereof, claims to have an interest subordinate to that of the party seeking the foreclosure, the state, or such officer or agent, as the case may be, may be made a party defendant, and such interest may be foreclosed in the same manner and with the same effect as if such interest were held by an individual, except that no judgment may be rendered against the state or any officer or agent for money or costs of suit.

      (1949 Rev., S. 7212.)

      Cited. 206 C. 484. Section does not waive sovereign immunity so as to permit foreclosure of state-owned real property; term "interest" should be construed narrowly so as not to include the state's ownership interest in real property because to conclude otherwise would lead to the unreasonable and bizarre result of the state losing title and possession of state-owned properties critical to the administration of state government, contrary to the fundamental public policy that underlies the principle of sovereign immunity. 273 C. 287.

      Cited. 11 CA 53.