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Section 52-12 – Jurisdiction over the sale of certain real property. Protection of unrepresented interests. Orders and decrees to be recorded

May 11, 2021 | Civil Procedure, Connecticut

(a) The Superior Court shall have exclusive jurisdiction of all matters relating to the sale of real property in which the General Assembly before June 1, 1886, exercised jurisdiction when, by reason of the condition of the parties in interest or the limitations of any will or deed, no person or persons have power to convey a legal title to the real property. The court may make all lawful orders or decrees necessary to the full exercise of such jurisdiction.
(b) The court, if any of the parties whose interest may be affected is not represented by counsel, or for other satisfactory reasons, may direct the state’s attorney for the judicial district in which the action is pending to appear, to investigate the allegations of the complaint and to do all things necessary or advisable to protect all interests not actually represented in court by counsel. The necessary expenses incurred under the direction of the court by the state’s attorney shall be taxed as a cost of the action, to be paid by the parties as the court directs.
(c) All such orders and decrees shall be recorded in the land records of the town in which any real property affected thereby is situated. A certificate signed by the town clerk that the town record has been made shall be returned to the Superior Court and become a part of the record in the action.

Conn. Gen. Stat. ยง 52-12

(1949 Rev., S. 7757; P.A. 82-160, S. 2.)

Ancient judicial power of legislature. 3 Dal. 395; 23 Conn. 430. Power to direct sale of property devoted to charitable use. 5 C. 119; 85 C. 309.