You asked for a summary of the procedures to protect landowners when the Department of Transportation (DOT) takes their property under eminent domain powers.

SUMMARY

The DOT property acquisition process for highway projects first involves an effort to make a friendly negotiated purchase. The owner of a targeted property is first contacted by letter and informed of the need for DOT acquisition. An appraisal time is scheduled and the owner is invited to accompany the appraiser. The property appraisal is reviewed internally by DOT and by an independent board called the Governor's Screening Committee. Once approved, the offer is made to the property owner who may accept it or may attempt to negotiate a different price. This usually requires the owner to have his own appraisal performed. The negotiation process may result in a different offer being made, known as an administrative settlement.

If the owner refuses DOT's purchase offer, the DOT commissioner files an assessment of damages and a notice of condemnation with the Superior Court district where the property is located and a certificate of condemnation is recorded on the land records. He also deposits the amount assessed with the court. Once this occurs, title to the property immediately passes to the state. The landowner may appeal the amount of the damage assessment, but not the taking. He has six months from the filing of the notice to file an appeal with the Superior Court. The court must notify the DOT and appoint a referee to reassess the damages. The referee must hold a hearing, view the property, and may take relevant testimony. The referee then makes a final damage award that is binding on both parties subject to further appeal to the Appellate Court as provided by law.

DOT informs property owners about this process and their rights under it at several points. The initial contact letter provides general information on the entire process, including the right to appeal the damage award. The DOT also provides a general information brochure on the acquisition process and detailed information on available relocation assistance should the property owner qualify.

THE PROPERTY ACQUISITION PROCESS

Separate statutes govern DOT's property acquisition through condemnation (eminent domain). These establish a slightly different process than for most other state purposes, which come under the authority of the Department of Public Works. DOT's acquisition procedure, generally known as a "quick take" process, is described in detail in CGS § 13a-73.

DOT attempts to purchase property it needs for a project before exercising its condemnation power. Initially, it sends the property owner a certified letter identifying both the property to be acquired and the project for which it must be obtained. DOT's Appraisal Division contacts the property owner to schedule a time for the property to be appraised. DOT must pay fair market value for property it acquires. Generally this means the market value of the property considering all partial takings, damages, and benefits to the remaining land. If DOT needs only a portion of a parcel of land, the amount it offers the owner generally will be the difference between the fair market value before and after acquisition.

Either independent appraisers, who are paid a fee for their services, or DOT staff who are state-licensed appraisers, may conduct appraisals to determine DOT's offer. The property owner may accompany the appraiser during the appraisal and point out any special features that may affect the property's value. DOT's appraisal must then be reviewed by its own review appraisers for conformity to state and federal standards and accepted appraisal techniques. Finally, it must be reviewed and approved by the Governor's Screening Committee, an independent board of three appointed officials. The entire process generally takes from 90 to 120 days to complete.

Once it is completed and money for the acquisition is available, a DOT property agent contacts the owner to discuss the purchase. If the owner qualifies as a displaced person or business under certain other state and federal laws, the agent will discuss the types of relocation assistance that may be available. The purchase offer is made both verbally and in writing. The property owner may accept the offer or may negotiate with the agent for a different amount. Such negotiations usually involve the owner submitting his own appraisal for DOT to review. There may be several contacts between the DOT agent and the property owner. If this process reveals that the state's offer is inadequate due to a specific set of facts, DOT can negotiate a different amount that reflects this situation. This is known as an administrative settlement.

If the owner accepts the DOT's offer, he must sign a "land payment voucher agreement. " If the amount exceeds $ 1,000, the State Properties Review Board must approve it. If the agreement exceeds $ 100,000, a state trial referee must approve. The DOT pursues any such approvals and schedules a closing with the owner to transfer title to the property.

CONDEMNATION AND APPEAL

If the owner refuses the DOT's offer, the process moves into the condemnation stage. DOT provides the owner with written information about condemnation at this time. But, it also provides some general information about the process and the person's rights in its initial letter during the friendly acquisition phases as well. The DOT commissioner files an assessment of damages and benefits and a notice of condemnation with the clerk of the Superior Court in the Judicial District where the property is located. DOT also records a certificate of condemnation on the land records of the municipality. At the same time, the commissioner must also deposit with the court the amount of money that it offered for the property. The clerk notifies the owner and any other person with an interest of record by certified mail. A process of public notification through newspaper advertisements can be followed if it is found that an interested party's whereabouts cannot be determined.

Once DOT files the certificate of taking with the court, title to the property immediately passes to the state. The former owner cannot contest the change in ownership, but may appeal the amount offered. The former owner may get all or part of the money DOT deposited with the court by filing for it at any time. Withdrawing the money does not affect his right to appeal the amount. The former owner may remain on the property for 120 days following acquisition without having to pay rent.

The former owner has six months from the date of the filing of the notice of condemnation in which to file his appeal with the Superior Court. CGS § 13a-76 governs the appeal process. The person applies to the Superior Court with jurisdiction over the property for a reassessment of damages. The court notifies the DOT commissioner of the pending application for reassessment and appoints a trial referee to make the reassessment. The referee must give at least 10 days notice to the interested parties, must view the property, and may take whatever testimony he deems relevant. He must then reassess the damages and benefits that affect the applicant. If the reassessment exceeds the amount DOT assessed, the referee must award the former property owner any appraisal fees he determines are reasonable. Once the owner files an appeal for reassessment, the attorney general can recommend a settlement to the DOT if he feels it is in the state's best interest. DOT can unilaterally agree to an administrative settlement only before an appeal is filed.

The parties may appeal the referee's decision to the Appellate Court under the laws that generally provide for appeals from Superior Court decisions (CGS § 51-197a et seq. ).

The landowner receives the damage amount due him once the state comptroller receives a certified copy of the commissioner's assessment and the judgment and draws an order to the state treasurer for payment of the amount due. This occurs when (1) the owner chooses not to appeal or fails to appeal in a timely manner or (2) an appeal is filed, the proceedings have finished, and a final damage award is ordered. If the court awards the property owner an amount greater than the amount the commissioner awarded, it must also award him court costs that are assessed against the commissioner.

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