Sec. 16-236. Appraisal of damages; costs.
Sec. 16-236. Appraisal of damages; costs. Any judge of the Superior Court may,
upon the application of any party interested, and after notice, unless the application
has been unreasonably delayed, appoint three disinterested persons to make a written
appraisal of all damages due any person by reason of anything done under any provision
of section 16-228 or 16-234 or which is in violation of any order made under section
16-235. Such appraisal, when approved by such judge, shall be returned to and recorded
by the clerk of the superior court for the judicial district where the cause of action arose,
and thereupon the sum specified therein shall be paid immediately by the company to
the party entitled to the same, or the judge may order the same to be paid immediately
into the hands of such clerk, to be delivered by him on demand to such party. The costs
of such proceedings shall be taxed by such judge and paid by such company, and he
may issue execution therefor and for such damages.
(1949 Rev., S. 5647; 1963, P.A. 349; P.A. 78-280, S. 2, 127.)
History: 1963 act added "violations of orders under" Sec. 16-235 to first sentence; P.A. 78-280 substituted "judicial
district" for "county".
Section valid; taking of land is not for private purpose. 90 C. 179; 92 C. 635. Cited. 149 C. 100. Legislative history.
Id., 102. Indicates legislative intent to depart from strict eminent domain principles as basis for damages and to provide
for payment, to any party interested, of damages for anything done under or by authority of section 16-235. Id., 104. Claim
that plaintiff asking for damages under this section is required first to appeal to public utilities commission from the granting
of the permit is without merit. 152 C. 690. Claim that phrase "anything done" under section 16-235 is restricted to case
where there has been a physical invasion of plaintiff's property is without merit. Id. Whether plaintiff's application has
been "unreasonably delayed" is an issue of fact, dependent upon the surrounding circumstances. Id., 691.