reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-480. - Injunction against malicious erection of structure.

An injunction may be granted against the malicious erection, by or with the consent of an owner, lessee or person entitled to the possession of land, of any structure upon it, intended to annoy and injure any owner or lessee of adjacent land in respect to his use or disposition of the same.
(1949 Rev., S. 8216.)
See Sec. 52-570 re action for malicious erection of structure.
When no defense that structure screens respondents' premises. 46 C. 109. Injunction may be granted against the continuance of structure erected in violation of statute. Id., 108. The malicious purpose must be the predominant one and give character to the act. 48 C. 395. The malicious acts intended by statute must, as a rule, go beyond the petty hostilities of business competition. Id., 395. History, purpose and scope of remedy. 75 C. 425; 102 C. 357. Finding that erection malicious not ordinarily reviewable. 82 C. 290. That fence is being constructed by independent contractor is no defense to proceedings for contempt for violation of temporary injunction by continuing erection. 102 C. 358. On finding, plaintiff held not entitled to relief under section for building of wall and change of grade. 132 C. 319. Equitable defense of “clean hands” available but not applicable to facts; it was abuse of trial courts' discretion to enjoin building of any other structures on that portion of land from which court ordered removal of fence. 174 C. 29.
Cited. 46 CA 164. Uselessness prong of six-factor test in
Whitlock v. Uhle
, 75 C. 423, focuses on whether structure serves an actual use, not whether defendants can merely assert a purpose for erecting the structure. 185 CA 119.
Cited. 13 CS 25. Injunctive relief presupposes an emergency. 15 CS 455. Elements necessary to state a cause of action under section enumerated. 21 CS 110. A hedge is not a “structure” within the meaning of malicious structure statutes. 47 CS 645. Testimony credible that fence was erected, in part, for legitimate purpose of safeguarding children and dogs; essential elements of cause of action under section are (1) structure erected on defendant's land, (2) malicious erection of structure, (3) intent to injure enjoyment of adjacent landowner's land by erection of structure, (4) impairment of value of adjacent land because of structure, (5) structure is useless to defendant, and (6) enjoyment of adjacent landowner's land is in fact impaired. 51 CS 399.
Provides for injunctive relief for structures constructed with intention to annoy and injure plaintiff's use of premises. 6 Conn. Cir. Ct. 427, 428.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-482. - Injunction against manufacturing fish oil or manure.

Section 52-482 is repealed, effective October 1, 2002.
(1949 Rev., S. 8218; P.A. 82-160, S. 179; S.A. 02-12, S. 1.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-483. - Injunction against sale on execution; adjournment of sale.

When any temporary injunction is granted to restrain a sale on execution or tax warrant, the injunction order may direct the levying officer to adjourn the sale in such manner and for such time as the order may prescribe. If no such direction is given, such officer nevertheless may adjourn the sale, from time to time, while the injunction remains in force; and, while such sale is so adjourned, the lien created by the levy shall remain in force.
(1949 Rev., S. 8219.)
Cited. 46 CA 721.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 918 - Mandamus, Ne Exeat, Prohibition and Quo Warranto › Section 52-486. - Mandamus. Return. Judgment for costs.

When the party to whom a writ of mandamus is directed makes a return sufficient on its face and the return is denied by the other party, the court shall inquire into the truth of the return. If the return is found untrue, the court may issue a peremptory mandamus in the same manner and on the same principles as if the return were insufficient, and may render judgment for the complainant to recover his costs, and grant execution for such costs. If the return is found to be true and sufficient, the court may render judgment for costs in favor of the party complained of.
(1949 Rev., S. 8222; P.A. 82-160, S. 181.)
History: P.A. 82-160 rephrased the section.
The return, if sufficient, must be found to be untrue, before a peremptory mandamus can issue. 40 C. 381. Method of procedure under statute. 44 C. 390. Where action is brought by state to enforce a public duty, costs may not be taxed against the state. 111 C. 432. Costs may be taxed in favor of the state as prevailing party. 112 C. 665. Plaintiff obtaining judgment may not recover costs where no return was made and hearing had. 115 C. 101.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 918 - Mandamus, Ne Exeat, Prohibition and Quo Warranto › Section 52-487. - Enforcement of corporation laws.

Any stockholder of a corporation may apply for a writ of mandamus against such corporation to compel it to obey the statute laws of the state.
(1949 Rev., S. 8223.)
Issuance against corporation in general; 8 C. 246; 29 C. 546; 37 C. 164; 76 C. 179; to compel calling of special meeting; 65 C. 355; to enforce right to examine books. 87 C. 487; 90 C. 638. Cited. 65 C. 355; 188 C. 531.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 918 - Mandamus, Ne Exeat, Prohibition and Quo Warranto › Section 52-488. - Mandamus against corporation to repair highway.

Any town may apply for a writ of mandamus against any corporation bound to restore or repair any highway or bridge situated in whole or in part within the town if the corporation has neglected or refused to restore or repair the highway or bridge for thirty days after being notified to do so by the selectmen of the town.
(1949 Rev., S. 8224; P.A. 82-160, S. 182.)
History: P.A. 82-160 rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 918 - Mandamus, Ne Exeat, Prohibition and Quo Warranto › Section 52-489. - Issue of writ of ne exeat.

The superior court for any judicial district, and, when such court is not in session, any judge thereof, may grant and enforce writs of ne exeat, according to the course of the common law.
(1949 Rev., S. 8225; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted “judicial district” for “county”.
Practice as to the issue of this writ. 21 C. 199.
Difference between appearance bond and performance bond discussed. 7 CA 11.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 918 - Mandamus, Ne Exeat, Prohibition and Quo Warranto › Section 52-492. - Quo warranto; costs to prevailing party; bond.

When a complaint in the nature of a quo warranto is brought, the court shall award costs to the prevailing party against the other party as in other civil cases. The party who brings the complaint shall in all cases give bond to the other party for costs, as by law required in other civil actions.
(1949 Rev., S. 8228; P.A. 76-100, S. 2; P.A. 82-160, S. 183.)
History: P.A. 76-100 restated provisions in less detailed terms, applying section to complaints rather than informations; P.A. 82-160 made minor changes in wording.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 918 - Mandamus, Ne Exeat, Prohibition and Quo Warranto › Section 52-493. - Order in the nature of prerogative writs.

Any court having cognizance of writs of habeas corpus, mandamus, quo warranto, prohibition or ne exeat may, in any action pending before it, make any order, interlocutory or final, in the nature of any such writ, to the extent of its jurisdiction, so far as it may appear to be an appropriate form of relief.
(1949 Rev., S. 8229; P.A. 82-160, S. 184.)
History: P.A. 82-160 made minor changes in wording.
Appeal lies from denial of writ. 96 C. 718. Cited. 97 C. 428; 124 C. 645; 228 C. 106.
Cited. 46 CA 486.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 918 - Mandamus, Ne Exeat, Prohibition and Quo Warranto › Section 52-494. - Notice of rules and writs.

All notices of rules and writs issued under the provisions of this chapter shall be directed to a proper officer and served by leaving a true and attested copy with the defendant at such time as the court or judge directs; and such court or judge may prescribe a reasonable time for the appearance of the parties.
(1949 Rev., S. 8230.)
See Sec. 52-65 re service upon nonresident in a quo warranto case.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-496. - Devise of freehold with contingent interest; partition.

When any deceased tenant in common, joint tenant or coparcener of real property has devised any freehold interest in the property to any person, with a contingent interest by way of remainder, substitution or executory devise, to any other person, born or unborn, a proper court of equitable jurisdiction may, on the complaint of any person interested, order partition of the property to be made between the devisee or devisees, the surviving cotenant or cotenants and the person having such contingent interest. The decree shall bind the parties and the person having the contingent interest, his heirs and assigns.
(1949 Rev., S. 8232; P.A. 82-160, S. 186.)
History: P.A. 82-160 replaced “estate” with “property” and made minor technical changes.
Cited. 175 C. 463.
Cited. 5 CA 142.
Cited. 29 CS 465.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-497. - Decrees to be recorded in land records.

Each decree for a partition under sections 52-495 and 52-496, together with any actions taken under the decree, shall be recorded in the land records of the town where the real property lies before the decree shall bind any persons, except those who are parties to the complaint and any person having such a contingent interest, if unborn, and his and their heirs.
(1949 Rev., S. 8233; P.A. 82-160, S. 187.)
History: P.A. 82-160 replaced “estate” with “real property” and rephrased the section.
Cited. 5 CA 142.
Cited. 29 CS 465.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-498. - Sale of land when trust cannot be executed.

(a) If real property is held by a trustee under a trust created by deed or will and, by reason of a change of circumstances or in the condition of the real property since the creation of the trust, the execution of the trust in exact accordance with the terms of the deed or will has become impossible or would fail to secure the objects manifestly intended by the grantor or testator in the deed or will, the superior court for the judicial district in which the real property is situated may, on the complaint of the trustee or any party beneficially interested in the trust, order the sale of the real property, or any part thereof, and the investment of the proceeds, either in other real property or as trust funds generally may be by law invested for the benefit of the party beneficially interested in the trust, in such manner as the court deems the most suitable to secure the objects for which the trust was originally created, as nearly as may be, according to the intent of the original grantor or testator appearing in the original deed or will.
(b) All parties interested in the real property, by reason of the trust, or as reversioners, shall be made parties to any action brought under this section.
(1949 Rev., S. 8234; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 188.)
History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 replaced real “estate” with real “property”, rephrased the section and inserted Subsec. indicators.
Cited. 63 C. 135, 136. Applied in case of church property originally held by trustees, all of whom died without exercising power of appointment of successor; 92 C. 471; so, where church property is no longer in part of city where its use for purposes of worship is feasible; limitations on court's power where donor has inserted express reverter. 98 C. 683, 684; 99 C. 31. Trustee may sell house where person having use of it under testamentary trust renounces provisions of will in lieu of statutory share; 108 C. 264; prerequisites for order of sale. Id., 267. Cited. 120 C. 86; 123 C. 256. Section contemplates writ and complaint in usual form. 133 C. 11.
Cited. 5 CA 142.
Cited. 9 CS 148. Cy pres doctrine in Connecticut has been adopted by statute since 1886. 15 CS 431. Trustees authorized to sell land and building and invest proceeds of trust establishing a girls' high school where due to changed circumstances it was impractical to continue original plan. 18 CS 517. Trustees may sell residential property deteriorated by age and floods and apply the proceeds to erection of a new building to serve original purpose. 20 CS 364. Cited. 29 CS 465; 31 CS 93.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-499. - Sale of land to promote the interest of beneficiaries.

(a) The Superior Court may, on application of any trustee under a will admitted to probate in this state, order the sale of any real property within this state, devised to or held by the trustee in trust, whenever it will, in the opinion of the court, best promote the interest of the beneficiaries under the trust, upon notice given to all parties in interest, when the sale is not prohibited by the will. The court may make any orders necessary to protect the rights of all parties in interest and to carry the sale into full effect.
(b) Any application for sale shall be made to the superior court for the judicial district within which the probate district where the will was admitted to probate is situated.
(c) The court shall order the fund realized from the sale to be invested by the trustee, for the benefit of the parties interested in the trust, in such investments authorized by law to be made by the savings banks of this state as to the court seems advisable.
(1949 Rev., S. 8235; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 189.)
History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 replaced real “estate” with real “property”, rephrased the section and inserted Subsec. indicators.
Cited. 63 C. 135; 108 C. 265; 120 C. 86; 123 C. 256.
Cited. 5 CA 142.
Cited. 29 CS 465; 31 CS 93.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-501. - Sale of building and land owned by different parties. Disposition of proceeds.

(a) The Superior Court may, upon petition of any person interested, order the sale of any building and the land upon which it stands, if the title to the land is in one or more persons and has been acquired under the statute of distribution as ancestral estate of the decedent, and the title to the building, erected by the decedent in his lifetime, is in another person or other persons and has been acquired under the statute of distribution, provided the court shall find that the building has materially added to the value of the property over and above the value of the land alone, and that the respective owners are unable to agree upon the purchase, by one from the other, of the land or building.
(b) The court may determine the quantity of land that may be sold with the building in order to promote and preserve the respective interests of the owners.
(c) The court shall, after the sale, determine the value of the land sold, and from the proceeds of the sale there shall be paid to the owner of the land the full value thereof as found by the court. The remainder of the proceeds shall, after the payment of the costs therefrom, be paid to the owner of the building.
(1949 Rev., S. 8237; P.A. 82-160, S. 191.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Cited. 5 CA 142.
Cited. 29 CS 465.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-502. - Orders to protect parties and effectuate sale. Sale by committee.

(a) On any complaint for the sale of real or personal property, the court in which the case is pending may make any order necessary to protect the rights of all parties in interest and to carry the sale into effect.
(b) On any such complaint, the court may appoint a committee to make the sale, who shall pay into court the proceeds therefrom. The proceeds from the sale, after deducting such reasonable costs and expenses as the court directs, shall be distributed by order of court among all persons interested in the property, in proportion to their interests.
(c) If the names or residences of any of the parties entitled to share in the fund are unknown to the court and cannot be ascertained, it shall make such order relative to the custody or investment of the share of the unknown parties as it deems reasonable.
(1949 Rev., S. 8238; P.A. 82-160, S. 192.)
History: P.A. 82-160 replaced “estate” with “property”, rephrased the section and inserted Subsec. indicators.
Court should distribute fund on equitable principles; sale subject to mortgage. 74 C. 16. Sale where holder of recorded, unexpired option to purchase interest of one joint owner is made codefendant. 97 C. 517. Cited. 134 C. 177; 157 C. 593; 189 C. 490; 224 C. 219.
Cited. 5 CA 142; 10 CA 198; 17 CA 4; 23 CA 129; 26 CA 149.
Cited. 14 CS 170; 19 CS 421; 29 CS 465.
Subsec. (b):
Court did not abuse its discretion in enforcing foreign domesticated judgment in distribution of partition proceeds without judgment creditor bringing a postjudgment action to enforce such judgment. 86 CA 617.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503. - Partition or sale of property when estate in settlement.

No partition, or sale in lieu of partition, may be made of any property, real or personal, belonging wholly to an estate in settlement in any court of probate until the estate is ready for distribution.
(1949 Rev., S. 8239; P.A. 82-160, S. 193.)
History: P.A. 82-160 made minor changes in wording.
Cited. 43 C. 560. Necessity of confirmation of sale by court. 98 C. 152. Cited. Id., 397.
Cited. 5 CA 142. Section is a limitation on partition and sale powers granted to Superior Court and a limitation on Superior Court's otherwise concurrent jurisdiction with Probate Court. 50 CA 132.
Cited. 4 CS 67. Does not apply where only a portion of the property is “an estate in settlement”. 19 CS 421. Cited. 29 CS 465.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503f. - Short title: Uniform Partition of Heirs' Property Act.

Sections 52-503f to 52-503r, inclusive, may be cited as the “Uniform Partition of Heirs' Property Act”.
(P.A. 15-234, S. 1.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503g. - Definitions.

As used in this section and sections 52-503h to 52-503r, inclusive:
(1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual;
(2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant;
(3) “Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual;
(4) “Determination of value” means a court order (A) determining the fair market value of heirs' property under section 52-503k or 52-503o, or (B) adopting the valuation of the property agreed to by all cotenants;
(5) “Heirs' property” means real property held in tenancy in common which satisfies all of the following requirements as of the date of filing a partition action:
(A) There is no agreement in a record binding all the cotenants which governs the partition of the property;
(B) One or more of the cotenants acquired title from a relative, whether living or deceased; and
(C) Any of the following apply:
(i) Twenty per cent or more of the interests are held by cotenants who are relatives;
(ii) Twenty per cent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii) Twenty per cent or more of the cotenants are relatives;
(6) “Partition by sale” means a court-ordered sale of the entire heirs' property, whether by auction, sealed bids, or open-market sale conducted under section 52-503o;
(7) “Partition in kind” means the division of heirs' property into physically distinct and separately titled parcels;
(8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(9) “Relative” means an ascendant, descendant or collateral or an individual otherwise related to another individual by blood, marriage, adoption or law of this state other than the provisions of sections 52-503f to 52-503r, inclusive.
(P.A. 15-234, S. 2.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503h. - Applicability of provisions.

(a) The provisions of sections 52-503f to 52-503r, inclusive, apply to partition actions filed on or after October 1, 2015.
(b) In an action to partition real property under section 45a-326 or 52-495, as applicable, the court shall determine whether the property is heirs' property. If the court determines that the property is heirs' property, the property shall be partitioned under sections 52-503f to 52-503r, inclusive, unless all of the cotenants otherwise agree in a record.
(c) The provisions of sections 52-503f to 52-503r, inclusive, supplement the provisions of this chapter, and, if an action is governed by sections 52-503f to 52-503r, inclusive, replace provisions of this chapter that are inconsistent with the provisions of sections 52-503f to 52-503r, inclusive.
(P.A. 15-234, S. 3.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503i. - Service. Notice by posting.

(a) The provisions of sections 52-503f to 52-503r, inclusive, do not limit or affect the method by which service of a complaint in a partition action may be made.
(b) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs' property, the plaintiff, not later than ten days after the date of the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
(P.A. 15-234, S. 4.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503k. - Determination of value.

(a) Except as provided in subsections (b) and (c) of this section, if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d) of this section.
(b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(e) If an appraisal is conducted pursuant to subsection (d) of this section, not later than ten days after the date on which the appraisal is filed with the court, the court shall send notice to each party with a known address, stating:
(1) The appraised fair market value of the property;
(2) That the appraisal is available at the clerk's office; and
(3) That a party may file with the court an objection to the appraisal not later than thirty days after the date on which the notice is sent, stating the grounds for the objection.
(f) If an appraisal is filed with the court pursuant to subsection (d) of this section, the court shall conduct a hearing to determine the fair market value of the property not earlier than thirty days after the date on which a copy of the notice of the appraisal is sent to each party under subsection (e) of this section, whether or not an objection to the appraisal is filed under subdivision (3) of subsection (e) of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
(g) After a hearing under subsection (f) of this section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
(P.A. 15-234, S. 6.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503m. - Partition alternatives.

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to section 52-503l, or if after conclusion of the buyout under section 52-503l, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in section 52-503n, finds that partition in kind will result in manifest prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.
(b) If the court does not order partition in kind under subsection (a) of this section, the court shall order partition by sale pursuant to section 52-503o or, if no cotenant requested partition by sale, the court shall dismiss the action.
(c) If the court orders partition in kind pursuant to subsection (a) of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(d) If the court orders partition in kind, the court shall allocate to the cotenants who are unknown, cannot be located, or the subject of a default judgment, if their interests were not bought out pursuant to section 52-503
l
, a part of the property representing the combined interests of such cotenants as determined by the court and this part of the property shall remain undivided.
(P.A. 15-234, S. 8.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503n. - Considerations for partition in kind.

(a) In determining under subsection (a) of section 52-503m whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following:
(1) Whether the heirs' property practicably can be divided among the cotenants;
(2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(4) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(7) Any other relevant factor.
(b) The court may not consider any one factor in subsection (a) of this section to be dispositive without weighing the totality of all relevant factors and circumstances.
(P.A. 15-234, S. 9.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503o. - Open-market sale. Sealed bids. Auction.

(a) If the court orders a sale of heirs' property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(b) If the court orders an open-market sale and the parties, not later than ten days after the date of entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the real estate broker and establish a reasonable commission. If the parties do not agree on a real estate broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The real estate broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(c) If the real estate broker appointed under subsection (b) of this section obtains, within a reasonable time, an offer to purchase the property for at least the determination of value: (1) The real estate broker shall comply with the reporting requirements in section 52-503p; and (2) the sale may be completed in accordance with requirements of state law other than the requirements prescribed in sections 52-503f to 52-503r, inclusive.
(d) If the real estate broker appointed under subsection (b) of this section does not obtain, within a reasonable time, an offer to purchase the property for at least the determination of value, the court, after hearing, may:
(1) Approve the highest outstanding offer, if any;
(2) Redetermine the value of the property and order that the property continue to be offered for an additional time; or
(3) Order that the property be sold by sealed bids or at auction.
(e) If the court orders a sale by sealed bids or at auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction shall be conducted in accordance with the provisions of this chapter.
(f) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
(P.A. 15-234, S. 10.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503p. - Report of open-market sale.

(a) A real estate broker appointed under subsection (b) of section 52-503o to offer heirs' property for open-market sale shall file a report with the court not later than seven days after the date of receiving an offer to purchase the property for at least the value determined under section 52-503k or 52-503o.
(b) The report required by subsection (a) of this section shall contain the following information:
(1) A description of the property to be sold to each buyer;
(2) The name of each buyer;
(3) The proposed purchase price;
(4) The terms and conditions of the proposed sale, including the terms of any owner financing;
(5) The amounts to be paid to lienholders;
(6) A statement of contractual or other arrangements or conditions of the broker's commission; and
(7) Other material facts relevant to the sale.
(P.A. 15-234, S. 11.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503q. - Uniformity of application and construction.

In applying and construing the provisions of sections 52-503f to 52-503r, inclusive, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such uniform provisions.
(P.A. 15-234, S. 12.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 919 - Partition or Sale of Real or Personal Property › Section 52-503r. - Relation to Electronic Signatures in Global and National Commerce Act.

The provisions of sections 52-503f to 52-503q, inclusive, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC Section 7003(b).
(P.A. 15-234, S. 13.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 920 - Receivers › Section 52-504. - Application for receiver; orders of judge.

When any action is brought to or pending in the superior court in which an application is made for the appointment of a receiver, any judge of the superior court, when such court is not in session, after due notice given, may make such order in the action as the exigencies of the case may require, and may, from time to time, rescind and modify any such order. The judge shall cause his proceedings to be certified to the court in which the action may be pending, at its next session.
(1949 Rev., S. 8240; P.A. 82-160, S. 194.)
History: P.A. 82-160 rephrased the section.
Appointment is merely auxiliary to equitable relief; creditor may act. 73 C. 587. Judgment appointing is not final judgment. 74 C. 652. Some equity must appear, but final merits of case not to be determined before temporary appointment; appointment in chambers. 76 C. 252. Appointment to hold property pending an appeal affecting its disposition. 81 C. 116. Appointment to receive rents pending action to quiet title. 85 C. 434. In determining jurisdiction, ancillary and permanent appointments stand on same ground. 91 C. 92. When national bank may be receiver. 94 C. 648. Appointment of receiver operates as a breach of an executory contract unless receiver adopts and carries out contract. 98 C. 414. When foreign receiver may sue in Connecticut as matter of right, and when as matter of comity. 104 C. 670. Receiver is officer of court. 109 C. 335. Cited. 195 C. 218.
Cited. 1 CA 397; 16 CA 420.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 920 - Receivers › Section 52-505. - Receivers for certain associations, communities or corporations.

(a) If in any town, any association, community or corporation organized in whole or in part for the support of its members, has property upon which its members, in whole or in part, are dependent for support, and, in the opinion of the selectmen of the town, there is danger that the property will be lost or expended in any manner so that some of the members may become an expense to the town, the selectmen may bring an application, in the name of the town, to the superior court for the judicial district in which the town is situated, for the appointment of a receiver of the property of the association, community or corporation and for other equitable relief.
(b) The court shall have power, if it deems necessary and proper, to appoint a receiver of all the property of the association, community or corporation, and vest all the property in the receiver, by decree or otherwise, to provide that the property shall be managed and used for the benefit and support of the members, in such manner as the court finds to be best for the protection of the town and the members, and to grant such other relief as is necessary for that purpose and to protect the interests of the town and the members, according to the practice and proceedings of courts of equity.
(c) No application may be brought under this section by the selectmen until the matter has been submitted to the town at a special meeting called for that purpose and until the town has approved of the application by vote at the meeting.
(1949 Rev., S. 8241; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 195.)
History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Joint bond of two receivers construed. 79 C. 470.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 920 - Receivers › Section 52-506. - Receiver to give bond.

All receivers, before assuming to act as such, shall file with the clerk of the court by which, or by a judge of which, they were appointed, a bond with such surety or sureties, and for such an amount as such court or judge may order and approve, payable to the state and conditioned for the faithful performance of their official duties.
(1949 Rev., S. 8242.)
Does not apply to trustees winding up corporation. 96 C. 83.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 920 - Receivers › Section 52-508. - Receiver to file semiannual statements.

Each such receiver shall, during the first week in April and in October in each year, sign, swear to and file with the clerk of the court by which he was appointed a full and detailed account of his actions as receiver for the preceding six months, together with a statement of all orders of court passed during the six months and the present condition and prospects of the property in his charge. Upon filing of the account, the receiver shall cause a motion for a hearing and approval of the account to be placed on the short calendar.
(1949 Rev., S. 8244; P.A. 82-160, S. 197.)
History: P.A. 82-160 replaced “estate” with “property” and rephrased the section.
Damage for violation is set by statute. 7 CS 521.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 920 - Receivers › Section 52-509. - Appointment of receiver of partnership.

(a) When any partnership is dissolved and the partners cannot agree upon the disposition of the partnership property and the settlement of the affairs of the partnership, any of them may apply to the superior court for the judicial district in which any of the partners resides, or in which the property of the partnership is situated, and, if the court is not in session, then to any judge of the Superior Court, for the appointment of a receiver to hold the business and all of the property, both real and personal, belonging to the partnership, and dispose of, manage and apply the property as the court or the judge may direct.
(b) Upon receiving an application, the court or judge shall immediately appoint a day for the hearing upon the application, and shall make such order relative to notice of the application and of the hearing to the other partners as may be deemed proper, provided the hearing shall be at least six days from the service of the order of notice. The court or judge upon such hearing may appoint a receiver for the partnership, who shall be subject to the orders of the court.
(1949 Rev., S. 8245; P.A. 82-160, S. 198.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Court may hear the application forthwith, if the adverse parties consent. 41 C. 305; 66 C. 357. Statute of lis pendens not applicable to action for appointment. Id., 350. Right of equity to wind up partnership. 73 C. 606. Equity has full jurisdiction of a suit for an accounting and settlement of partnership affairs; what must be contained in a final account. 147 C. 160.
Cited. 15 CS 433.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 920 - Receivers › Section 52-510. - Power of court over partnership property.

The Superior Court, and when court is not in session any judge thereof, may make such orders relative to the management or closing up of the business of such partnership, and to the sale, division or other disposal of its real and personal property, as may be necessary to protect the rights and interests of each partner and of the creditors of such partnership.
(1949 Rev., S. 8246; 1967, P.A. 656, S. 52; P.A. 82-160, S. 199.)
History: 1967 act substituted “when said court is not sitting” for “in vacation”; P.A. 82-160 rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 920 - Receivers › Section 52-511. - Receiver entitled to control of partnership property.

Upon the appointment of a receiver for a partnership, he shall be entitled to the immediate possession and control of all its property, both real and personal, subject to the order of the Superior Court; but any such appointment, or any order of the court, may be modified or vacated on the application to the court of any party to the proceedings, reasonable notice of the application and of the time and place of the hearing thereon having first been given to every other party.
(1949 Rev., S. 8247; P.A. 82-160, S. 200.)
History: P.A. 82-160 made minor changes in wording.
That statute “vests” the partnership property in the receiver on his appointment does not alter the nature of the application. 66 C. 359; 87 C. 369.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 920 - Receivers › Section 52-513. - Court may remove receiver at pleasure and fill vacancy.

Receivers may be removed at any time, at the pleasure of the court by which they were appointed or, if such court is not in session, by a judge thereof; and, if any receiver is removed or declines to act or dies, the court that appointed him, or, if such court is not in session, a judge thereof, may fill the vacancy.
(1949 Rev., S. 8249.)
Due notice should be given prior to removal; procedure; receiver cannot appeal from removal. 70 C. 473. Includes appointment in chambers of new temporary receiver where one originally appointed has died. 76 C. 257. Cited. 196 C. 172.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 920 - Receivers › Section 52-514. - Receivership; dissolution of attachment and levy of execution; costs.

(a) The commencement of proceedings for the appointment of a receiver of a corporation or a partnership shall dissolve all attachments and all levies of executions not completed, made within the preceding sixty days, on the property of the corporation or partnership.
(b) If the property is subsequently taken from the receiver so that it cannot be made subject to the orders of the court in the settlement of the affairs of the corporation or partnership or if the receivership is terminated by order of the court pending the settlement of the affairs of the corporation or partnership, the attachments and levies of execution shall revive. The time from the commencement of the proceedings to the time when the receiver is dispossessed of the property, or to the time when the court finds that the property is not subject to the orders of the court, or to the time when the trust is terminated, shall be excluded from the computation in determining the continuance of the lien created by the attachment.
(c) Attaching or levying creditors shall be allowed the amount of their legal costs, accruing before the time of the appointment of a receiver, as a preferred claim against the property of the corporation or partnership, if their respective claims upon which the attachments are founded are allowed, in whole or in part.
(1949 Rev., S. 8250; P.A. 82-160, S. 201.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Creditor's rights to attach or levy are suspended by the appointment. 66 C. 359; 70 C. 232; 106 C. 165. Statute has no application to legal proceedings in other states. 71 C. 353. Statute applies to suits commenced in the federal as well as in the state courts. 73 C. 154, 155. Action may, however, be pursued. 85 C. 278.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-516. - Commencement of action of replevin. Prejudgment remedy.

(a) An action of replevin shall be commenced by a writ of summons or attachment, describing the parties, the court to which it is returnable and the time and place of appearance. The writ shall be signed as in other civil actions and may run into any judicial district.
(b) An action of replevin, to the extent that it includes a prejudgment remedy as defined in section 52-278a, shall not be allowed unless the provisions of sections 52-278a to 52-278f, inclusive, are complied with.
(1949 Rev., S. 8252; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 203.)
History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 rephrased the section and added Subsec. (b) prohibiting actions of replevin that include prejudgment remedies as defined in Sec. 52-278a unless the provisions of Secs. 52-278a to 52-278f, inclusive, are complied with.
See Sec. 51-15 re rules of procedure in certain civil actions.
Cited. 66 C. 549. Writ without complaint is a nullity; not amendable; remedy is to erase from docket; defendant has no right to plead further or to damages. 97 C. 399; 98 C. 229. Effect of returning writ to wrong court. 105 C. 673. Misdescription of property replevied; cured by provision in original conditional bill of sale permitting vendor on default to enter and take possession. Id., 675. Cited. 222 C. 361.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-517. - Replevin for property attached.

When any property is held by an officer by virtue of a writ of attachment, any person other than the defendant having a general or special property interest therein with a right to the immediate possession thereof, and, when the property so held is claimed by the defendant to be exempt from execution, the defendant may bring an action of replevin against the officer alone, or against the plaintiff in the writ of attachment, or against both, to recover the property.
(1949 Rev., S. 8253; P.A. 82-160, S. 204.)
History: P.A. 82-160 rephrased the section.
Replevin lies by a trustee for trust property which was attached as his own individual property. 36 C. 13; Id., 105. Prior to 1878, the attaching plaintiff alone could be sued in replevin. 45 C. 157. Statutory remedy was unquestionably within the legislative power. 68 C. 9. Parties to action; judgment against officer as estoppel. 70 C. 340; 74 C. 397. Not maintainable by conditional vendor involved in conspiracy to defraud vendee's creditors. 128 C. 199. Nor by husband to recover vehicles attached in suit against wife which he had registered in her name to prevent attachment by his creditors. Id., 506. Only statutory method for recovery of exempt property. 136 C. 641.