CGS § 48-12. Procedure for condemning land.

Necessity of finding a failure to agree. 69 C. 438; 72 C. 492; 80 C. 38; 85 C. 604; 86 C. 658. Injunction to restrain taking of land till compensation is made. 70 C. 616; 82 C. 157. Interest on award. 72 C. 277; 75 C. 239; 82 C. 51; Id., 379; 84 C. 122; 85 C. 552; 95 C. 6, 9; 108 C. 370. When motion to dismiss application lies. 72 C. 692. Proceedings before appraisers and on report. 74 C. 452; 75 C. 237; 76 C. 565; 79 C. 526; Id., 606; 80 C. 38; 82 C. 460; 92 C. 32. Appeal from appointment of appraisers. 75 C. 237; Id., 325; 78 C. 1; 85 C. 663. When judgment accepting report not to direct payment of damages. 75 C. 239. Just compensation. Id., 239; 76 C. 435; 82 C. 378; Id., 460; 92 C. 33. When application may be made to judge. 85 C. 602. Power of legislature to delegate determination of necessity to subordinate bodies. 86 C. 157; 100 C. 411. Necessity means a reasonable necessity. 86 C. 361. Notice of application; should describe property with certainty. Id.; 113 C. 655. Prayer for relief. 87 C. 199. All legal requirements must be complied with, and such compliance must appear on face of papers. 92 C. 435; 95 C. 3. Not necessary to include separate tracts of land in one petition if direct damage to one and consequential damage to the other. Id., 381. What costs should be allowed. 100 C. 412. Assessment of damages by subdivision of municipality; limited scope of section. Id., 606; Id., 408; 109 C. 632. Interest runs from time land is actually appropriated, not from time condemnation proceedings are instituted. 108 C. 370. Cited. 116 C. 124; 124 C. 32; 137 C. 443. Inability to agree is a condition precedent to relief under statute. 138 C. 82. Cited. Id., 372. Proper to consider existence of going business on land as indicative of highest economic use to which land may be put. 139 C. 73. Cited. 141 C. 135. Damage must be peculiar to land in connection with which it is claimed and not damage which is suffered by landowners in general. 145 C. 196. Cited. 146 C. 55. Question as to when a taking is complete is one of substantive law and depends upon the law of each state; under section, petitioner is not entitled to possession of the land before the amount of the judgment has been paid or deposited with the State Treasurer unless permission has been granted under Sec. 48-16 to enter into possession pending the condemnation proceedings. 148 C. 47. Court found that where negotiations with one co-owner fail, there is no necessity for further negotiations with the owner. 151 C. 633. Cited. 153 C. 292. Adequate remedy at law is here provided; parties not entitled to seek injunction or other equitable relief. 154 C. 446. Eminent domain cases are referred to referees by special statutory provision, so consent of parties is not required. 164 C. 360. Court found 6-month time period specified in Sec. 48-6 to apply and not the reasonableness time standard of Sec. 8-128 in case involving condemnation of land by a town. 256 C. 557.

Cited. 23 CA 554; 32 CA 611.

County commissioner must bring condemnation proceedings in the name of the county. 6 CS 142. Cited. 9 CS 317. Report of committee recommitted when it set forth the interest each party had in the property and made no finding of each in the award. Id., 484. Section expressly recognizes the right of a town to withdraw the proceedings even after possession of the property has been turned over. 16 CS 230. Condemnation proceedings can be instituted only by those on whom the requisite authority has been conferred by the legislature; such authority is strictly construed in favor of the owner of the property taken and against the condemnor; a municipality does not have the power of eminent domain which is vested in a parking authority. 19 CS 47. Cited. 20 CS 422.