Sec. 48-21. Notice to encumbrancers of land taken for public use. Payments to encumbrancers. Disputes as to amount due.
227 words·~1 min read·
/ct/title-48/chapter-835-eminent-domain/48-21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.