Sec. 48-22. Joint assessments for particular and remainder estates.
Sec. 48-22. Joint assessments for particular and remainder estates. Any court
before which or judge before whom proceedings are pending for the taking of any real
estate for public purposes and for the ascertainment of the compensation for such taking
or for damages done to such real estate by public improvements, on finding that such
real estate is subject to an estate for life or years in one or more persons or corporations,
with remainder, reversion or executory devise, to another or others, may, if in its or his
opinion the rights of all parties would be better protected than by assessing each interest
separately, assess the compensation or damage for the entire title to the real estate, and
order that the income during the term for which the particular estate was limited shall
belong to the tenant for life or years, subject to any rent, charge or payment to which
such estate for life or years was subject, and the obligation to make which still continues,
and that, at the expiration of such term, the principal sum shall belong to the remainderman, reversioner or executory devisee. When such remainder, reversion or executory
devise is contingent, so that it is not certain in whom the same will ultimately vest, said
court or such judge shall make such order in regard to the ultimate payment of such
compensation as shall preserve to all parties, as nearly as possible, the same rights
which they would have had in the real estate. Upon application of the plaintiff in such
condemnation proceedings, or of any party in interest, the court of probate in the district
in which the real estate is situated shall appoint a trustee to hold such compensation or
damage and carry out the order of said court or such judge, and shall require a sufficient
bond from such trustee for the faithful performance of the duties of such trust, and such
trustee shall render accounts as provided in section 45a-177. If it appears that any of
the parties in interest are minors or are not yet ascertained, the court or judge by which
such order is made shall, before rendering judgment in such proceedings in eminent
domain, order and require the plaintiff to procure the appointment of such trustee. When
such real estate is subject to a lease under which rent is reserved to the lessor or any
other person, if the taking of or damage done to such real estate destroys its value for
the purpose for which it was leased, such court may adjudge such lease to be cancelled
and the obligation to pay such rent to be terminated by such taking or damage, and shall
ascertain the damage to all parties in interest on the basis of such cancellation.
(1949 Rev., S. 7189.)
Applies only where judge either himself or by committee determines compensation. 79 C. 534. Award does not ordinarily
determine title to land. Id., 606. Cited. 149 C. 205.