An owner who is named in a notice of individual condemnation and assessment of special damages and special benefits may apply to the court for the withdrawal of any portion of the sum deposited by the secretary pursuant to section 12-242ii which is allocated to such owner as compensation at any time following the filing of such notice. The owner shall provide a bond to the state, conditioned on the repayment to the state, of so much of such deposit as may be withdrawn by such owner that exceeds the amount of compensation finally determined or accepted. Interest shall not be allowed on the deposit in any judgment for such owner except that interest at the guaranteed interest rate on funds in the Short Term Investment Fund established pursuant to section 3-27a on March 8, 1995, shall accrue from said date to the date of filing with the court of the individual notice of condemnation and assessment of special damages and special benefits. Upon the application of any owner, the court, after determining the equity of the owner in such deposit, may order that the sum so deposited, or any part thereof, be paid forthwith to the owner for or on account of the just compensation to be awarded in such proceeding. If the compensation finally awarded to such owner exceeds the sum so deposited for such owner, the court shall enter judgment against the state for the amount of the deficiency. If the compensation finally awarded to such owner is less than the sum deposited for such owner, the court shall enter judgment against the owner for the amount of such excess and the state may proceed to recover such excess from the deposit, the bond given, or from the owner. If the court awards compensation in excess of the sum deposited for such owner, interest shall accrue at the rate provided in section 37-3c on any excess amount from March 8, 1995, to the date of payment.
(P.A. 95-2, S. 10, 37.)
History: P.A. 95-2 effective March 8, 1995.
Structure Connecticut General Statutes
Chapter 208b - Taxation of Interest on Certain Obligations of the State of Connecticut
Section 12-242ee. - Legislative findings.
Section 12-242ff. - Definitions.
Section 12-242hh. - Notice of taking. Claim for compensation form.
Section 12-242jj. - Statement of acceptance; rejection of statement of acceptance.
Section 12-242kk. - Condemnation appeals; class action; withdrawal of notice.
Section 12-242ll. - Settlement of claim.
Section 12-242mm. - Withdrawal of assessment deposit.
Section 12-242nn. - Failure to return acceptance or file appeal.
Section 12-242oo. - Exclusive remedy.
Section 12-242pp. - Declaratory judgment.
Section 12-242qq. - Reach-back.
Section 12-242rr. - Method of payment of refunds.
Section 12-242ss. - Extension of time to grant refunds in certain cases.
Section 12-242tt. - Refunds and exclusion of related expenses applicable to pending returns.
Section 12-242uu. - Bond authorization.
Section 12-242vv. - Confidentiality of taxpayer information.
Section 12-242ww. - State action against third party; waiver.
Section 12-242xx. - Regulations.
Section 12-242yy. - Authority for assistance through contract or agreement.