When the plaintiff intends to make application for a sale pursuant to section 52-293, the property shall be appraised by three disinterested property owners of the town where it was taken, one of whom shall be appointed by the plaintiff, one of whom shall be appointed by the defendant, and one of whom shall be appointed by agreement of both the plaintiff and the defendant, provided, if they cannot agree in appointing the third appraiser or if either party neglects to appoint, the attaching officer shall apply to a judge of the superior court for the judicial district in which the property is located, who shall appoint one or more appraisers as the case may require. The appraisers or any two of them, being sworn, shall make a written estimate of the true value of the property, and deliver their appraisal to the attaching officer. A certificate of the appraisal, signed by at least two of them, shall be presented to the judge to whom the plaintiff applies for an order of sale. Before any order is made upon application of the plaintiff, he shall give bond with surety to the adverse party, to the acceptance of the judge, in double the amount of the value of the property, conditioned that he shall prosecute his action to effect and pay all damages which the adverse party may sustain by the sale of such property at less than its appraised value, with interest thereon.
(1949 Rev., S. 8037; 1959, P.A. 152, S. 77; P.A. 84-527, S. 13.)
History: 1959 act deleted reference to application made to county commissioner, county government being abolished; P.A. 84-527 replaced provision that appraisers are “to be chosen, appointed and sworn, and to make their return to the officer, in the same manner as appraisers of real estate taken by execution” with provisions specifying the manner of appointment and the procedure if the plaintiff and defendant cannot agree in appointing the third appraiser or if either party neglects to appoint and provided that “the appraisers or any two of them, being sworn, shall make a written estimate of the true value of the property, and deliver their appraisal to the attaching officer”.
Structure Connecticut General Statutes
Section 52-279. - When attachments may be granted.
Section 52-280. - Service of writ of attachment.
Section 52-281. - Order for attachment on plaintiff's application during pendency of action.
Section 52-283. - Certain attachments effective without removal of property.
Section 52-283a. - Discharge of attachment.
Section 52-284. - Attachment against nonresident.
Section 52-285. - Attachment of real estate.
Section 52-286. - Attachment of leasehold interests.
Section 52-288. - Attachment of railroad cars and motor vehicles.
Section 52-289. - Attachment of corporate rights or shares.
Section 52-292. - Attachment in actions against voluntary associations and their members.
Section 52-293. - Sale of attached livestock and perishable property.
Section 52-294. - Procedure on sale of attached property.
Section 52-295. - Costs and expenses of appraisal.
Section 52-296. - Disposition of avails of attachment sale.
Section 52-297. - Avails of attachment sale may be attached.
Section 52-298. - Defendant may take avails of sale on giving bond.
Section 52-299. - Attachment of partnership property for partner's debt.
Section 52-300. - Discontinuance of attachment proceedings; security.
Section 52-304. - Dissolution of attachment by substitution of bond or lien.
Section 52-305. - Form of application for dissolution.
Section 52-306. - Notice of application to dissolve attachment.
Section 52-307. - Amount of attachment bond or substitute lien; hearing as to sufficiency.
Section 52-308. - Form of attachment bond.
Section 52-309. - Return of application, bond or certified copy of lien and proceedings.
Section 52-310. - Certificate of dissolution of attachment.
Section 52-311. - Attachment; new bond or lien may be required.
Section 52-321. - Liability of income of trust fund to creditors. Expenses of trustee.
Section 52-323. - Penalty for not filing certificate.
Section 52-325. - Notice of lis pendens.
Section 52-325a. - Application for discharge. Forms. Hearing.
Section 52-325b. - Burden of proof at hearing. Order of court.
Section 52-325d. - Motion for discharge of invalid notice of lis pendens.
Section 52-325e. - Duration of notice of lis pendens. Rerecording.
Section 52-326. - Discharge of lis pendens and invalid liens.
Section 52-327. - Duration of attachment lien on real estate. Discharge upon expiration.
Section 52-328. - Duration of attachment liens after judgment.