Sec. 8-132a. Determination of equities of parties in deposit or compensation.
Sec. 8-132a. Determination of equities of parties in deposit or compensation.
(a) Any person making application for payment of moneys deposited in court as provided
for by section 8-130 or claiming an interest in the compensation being determined in
accordance with section 8-132 may make a motion to the superior court for the judicial
district in which the property that is the subject of the proceedings referred to is located
for a determination of the equity of the parties having an interest in such moneys. The
court may appoint a judge trial referee to hear the facts and to make a determination of
the equity of the parties in such moneys.
(b) If the court appoints a judge trial referee, such judge trial referee, after giving
at least ten days' notice to the parties interested of the time and place of hearing, shall
hear the applicant and any parties interested, take such testimonies as such judge trial
referee deems material and determine the equities of the parties having a record interest
in such moneys and forthwith report to the court. Such report shall contain a detailed
statement of findings by the judge trial referee, sufficient to enable the court to determine
the considerations upon which the judge trial referee based his conclusions. The court
shall review the report, and may reject it for any irregular or improper conduct in the
performance of the duties of such judge trial referee. If the report is rejected, the court
may appoint another judge trial referee to make such determination and report. If the
report is accepted, such determination of the equities shall be conclusive upon all parties
given notice of such hearing, subject to appeal to the Appellate Court.
(c) If the court does not appoint a judge trial referee, the court, after giving at least
ten days' notice to the parties interested of the time and place of hearing, shall take such
testimony as it deems material and determine the equities of the parties having a record
interest in such moneys. The finding of the court and such determination of the equities
shall be conclusive upon all parties given notice of such hearing, subject to appeal to
the Appellate Court.
(d) If no appeal to the Appellate Court is filed within the time allowed by law, or
if one is filed and the proceedings have terminated in a final judgment determining
the amount due to each party, the clerk shall send a certified copy of the statement of
compensation and of the judgment to the redevelopment agency, which shall, upon
receipt thereof, pay such parties the amount due them as compensation. The pendency
of any such application for review shall not prevent or delay whatever action is proposed
with regard to such property by the project area redevelopment plan.
(1961, P.A. 231, S. 3; 1972, P.A. 148, S. 2; P.A. 78-280, S. 2, 127; June Sp. Sess. P.A. 83-29, S. 21, 82; P.A. 02-132,
S. 70.)
History: 1972 act specified nature of referee's report to court; P.A. 78-280 replaced "county" with "judicial district";
June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof; P.A. 02-132
divided existing provisions into Subsecs. (a), (b) and (d), making technical and conforming changes throughout, amended
Subsec. (a) by replacing provisions re appointment of state referee with provisions re appointment of judge trial referee,
amended Subsec. (b) by adding provisions re court review of report and replacing provisions re mandatory appointment
of another referee with provisions re discretionary appointment of another judge trial referee and added Subsec. (c) re
review by court.
Cited. 155 C. 46. Cited. 163 C. 12. Cited. 168 C. 135.
Cited. 1 CA 20. Cited. 4 CA 271. Cited. 23 CA 554.
Cited. 35 CS 157.