Substitute House Bill No. 6690

Public Act No. 01-118

AN ACT CONCERNING RECORDING FINAL ORDERS ON LAND RECORDS AND CONSERVATION EASEMENTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) When an order issued by the Commissioner of Environmental Protection to any person pursuant to section 22a-6, 22a-6b, 22a-7, 22a-108 or 22a-363f of the general statutes to correct, abate or penalize any violation of section 22a-32, 22a-92 or 22a-361 of the general statutes or any certificate or permit issued under section 22a-6, 22a-6b, 22a-7, 22a-108, 22a-363f, 22a-32, 22a-92 or 22a-361 of the general statutes becomes final, the commissioner shall cause a certified copy or notice of the final order to be filed on the land records in the town in which the land is located. Such certified copy or notice shall constitute a notice to the owner's heirs, successors and assigns. When the order is complied with or revoked, the commissioner shall issue a certificate showing such compliance or revocation, which certificate the commissioner shall cause to be recorded on the land records in the town in which the order was previously recorded. A certified copy of the certificate showing such compliance or revocation shall be sent to the owner at the owner's last-known post office address.

Sec. 2. Section 22a-434 of the general statutes is repealed and the following is substituted in lieu thereof:

When the commissioner issues [an] a final order to any person to correct potential sources of pollution or to abate pollution, [he] the commissioner shall cause a certified copy thereof to be filed on the land records in the town wherein the land is located, and such order shall constitute a notice to the owner's heirs, successors and assigns. When the order has been fully complied with, the commissioner shall issue a certificate showing such compliance, which certificate the commissioner shall cause to be recorded on the land records in the town wherein the order was previously recorded. A certified copy of the certificate shall be sent to the owner of the land at [his] such owner's last-known [post-office] post office address.

Sec. 3. Section 47-33h of the general statutes is repealed and the following is substituted in lieu thereof:

Sections 47-33b to 47-33l, inclusive, shall not be applied to bar any lessor or [his] successor of the lessor as a reversioner of [his] the right to possession on the expiration of any lease or to bar or extinguish any easement or interest in the nature of an easement, or any rights granted, excepted or reserved by the instrument creating such easement or interest, including any right for future use, if (1) the existence of such easement or interest is evidenced by the location beneath, upon or above any part of the land described in such instrument of any pipe, valve, road, wire, cable, conduit, duct, sewer, track, hole, tower or other physical facility and whether or not the existence of such facility is observable, or to bar, extinguish or otherwise affect any interest of the United States, of this state or any political subdivision thereof, of any public service company as defined in section 16-1 or of any natural gas company, or (2) such easement or interest is a conservation restriction, as defined in section 47-42a, that is held by a land trust or nonprofit organization.

Approved June 28, 2001