Sec. 52-325b. Burden of proof at hearing. Order of court.
Sec. 52-325b. Burden of proof at hearing. Order of court. (a) Upon the hearing
held on the application or motion set forth in section 52-325a, the plaintiff shall first be
required to establish that there is probable cause to sustain the validity of his claim and,
if the action alleges an illegal, invalid or defective transfer of an interest in real property,
that the initial illegal, invalid or defective transfer of an interest in real property occurred
less than sixty years prior to the commencement of the action. Any property owner
entitled to notice under subsection (c) of section 52-325 may appear and be heard on
the issue.
(b) Upon consideration of the facts before it, the court or judge may: (1) Deny the
application or motion if (A) probable cause to sustain the validity of the claim is established or (B) in an action that alleges an illegal, invalid or defective transfer of an interest
in real property, probable cause to sustain the validity of the claim is established and
the initial illegal, invalid or defective transfer of an interest in real property occurred
less than sixty years prior to the commencement of the action, or (2) order such notice
of lis pendens discharged of record if (A) probable cause to sustain the validity of the
plaintiff's claim is not established or (B) in an action that alleges an illegal, invalid or
defective transfer of an interest in real property, the initial illegal, invalid or defective
transfer of an interest in real property occurred sixty years or more prior to the commencement of the action.
(P.A. 81-8, S. 3, 9; Oct. Sp. Sess. P.A. 93-4, S. 3, 4.)
History: Oct. Sp. Sess. P.A. 93-4 amended Subsec. (a) to require the plaintiff in an action that alleges an illegal, invalid
or defective transfer of an interest in real property to establish that the initial illegal, invalid or defective transfer occurred
less than 60 years prior to the commencement of the action and amended Subsec. (b)(1) and (2) to add Subpara. (B) re the
grounds for denying or granting an application or motion to discharge a recorded notice of lis pendens in an action that
alleges an illegal, invalid or defective transfer of an interest in real property, effective November 12, 1993, and applicable
to any notice of lis pendens recorded before, on or after said date.
Cited. 189 C. 471. Cited. 209 C. 15. Sec. 52-304 et seq. cited. Id. Cited. 217 C. 24.
Cited. 18 CA 16. Cited. 32 CA 627.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality
discussed. 42 CS 241. Lis pendens statute(s), Sec. 52-325 et seq. cited. Id.
Subsec. (a):
Cited. 11 CA 211.