Sec. 13a-37. Determination of boundaries. If, in the opinion of the commissioner, the boundary lines or limits of any state highway have become lost or uncertain,
he may cause a map or maps of such highway to be made and may reestablish such
boundary lines or limits as, in his opinion, they were originally established. Said commissioner shall, by written notice to the selectmen of the town in which any such highway
is situated and to each known adjoining proprietor on any such highway, by registered
or certified mail to the last-known address, give a description of such boundaries or
limits as reestablished and file with the town clerk of such town a copy of such map or
maps which shall clearly define the lines of such highway and the bounds thereof. The
lines, boundaries and limits so defined shall be the lines, boundaries and limits of such
highway, unless any person or town claiming to be aggrieved thereby has taken an appeal
to the Superior Court within sixty days from the filing of such map or maps, and said
court has, after full hearing, found and determined new lines for such highway and
rendered judgment defining the same. If said commissioner is unable to prove the location of any such boundaries or limits, he may purchase or condemn such right-of-way
over land adjoining the traveled portion of the highway as is, in his opinion, necessary
for highway purposes under the provisions of part IV of this chapter, or may make
written agreements with the owners thereof concerning such lines, such agreements to
be executed in the manner required for deeds and recorded in the office of the town
clerk in which such land is located by the commissioner. Said commissioner shall mark
such boundaries or limits by a uniform and distinctive type of marker. The expenses,
costs and fees of the commissioner for legal, engineering or other services, land damage
or other damages in reestablishing or locating such boundary lines shall be paid from
the funds received from the Commissioner of Motor Vehicles.
(1949 Rev., S. 2230; 1958 Rev., S. 13-110; 1961, P.A. 162; 1963, P.A. 226, S. 38; 1971, P.A. 870, S. 102; P.A. 76-436, S. 328, 681.)
History: 1961 act provided agreements between commissioner and owners be written, executed in manner of deeds
and recorded in town clerk's office; 1963 act replaced previous provisions: See title history; 1971 act substituted court of
common pleas for superior court, effective September 1, 1971, except that courts with cases pending retain jurisdiction
unless pending cases deemed transferable; P.A. 76-436 substituted superior court for court of common pleas, effective
July 1, 1978.
See Sec. 13a-39 re selectmen's authority to define bounds of highways.
Necessary width of highway for tree planting discussed. 6 CS 5. Burden on commissioner to prove true location of lost
boundary line. 7 CS 135. Cited. 7 CS 436. "Appeal" from reestablishment of lost boundaries. 7 CS 516. "Adjoining
proprietors" does not include estate administrator. 11 CS 39. Compared with section 13a-73 (b) (formerly section 13-145).
Id. Cited. 27 CS 472.
Sec. 13a-38. Entry on private property to determine boundary. The commissioner or his agent may enter upon private property for the purpose of surveying or
examining such property for the determination of the boundary line of any highway
under his control. He shall use care so that no unnecessary damage shall result, and the
state shall be liable to the owner of any property for any damage he causes such owner.
(1949 Rev., S. 2194; 1958 Rev., S. 13-79; 1961, P.A. 137, S. 1; 1963, P.A. 226, S. 39.)
History: 1961 act removed provision re commissioner's power to lay out, alter, construct, reconstruct, etc. highways
whenever "interest of the state so requires"; 1963 act replaced previous provisions: See title history.
See Sec. 13a-60 re entry upon private property necessitated by alteration of highways.
Cited. 125 C. 413; 129 C. 83. Does not imply consent on the part of the state to be sued. 146 C. 316.
Cited. 6 CS 5. Complaint alleging that highway commissioner unnecessarily discharged surface water onto plaintiff's
land is good against demurrer. Id., 485. Commissioner not authorized by this section to condemn property or to enter into
contracts. 18 CS 264. Requires allegation that damage complained of was unnecessary. 20 CS 142.
Sec. 13a-39. Selectmen to define bounds of highway. Whenever the boundaries
of any highway have been lost or become uncertain, the selectmen of any town in which
such highway is located, upon the written application of any of the proprietors of land
adjoining such highway, may cause to be made a map of such highway, showing the
fences and bounds as actually existing, and the bounds as claimed by adjoining proprietors, and shall also cause to be placed on such map such lines as in their judgment
coincide with the lines of the highway as originally laid down. Such selectmen shall
cause a notice to be printed for at least two days in a daily paper having a general
circulation in the town in which such highway is located, and shall send a written or
printed notice to each known adjoining proprietor on such highway, setting forth the
name or location of the highway, a description of the portions to be reestablished, the
place and time where such map may be seen, and the time, not less than two weeks from
the date of the issue of such notice, when and place where all parties interested may be
heard under oath in regard to such reestablishment. Such selectmen may adjourn such
hearing from time to time and, upon reaching a decision, shall cause the same to be
published as aforesaid and a notice of the same to be sent to all known adjoining proprietors. Such decision shall specifically define the line of such highway and the bounds
thereof and shall be recorded in the records of the town in which such highway is located,
and the lines and bounds so defined and established shall be the bounds of such highway
unless changed by the Superior Court upon appeal from such decision of the selectmen.
(1949 Rev., S. 2166; 1958 Rev., S. 13-49; 1963, P.A. 226, S. 40; P.A. 76-436, S. 329, 681.)
History: 1963 act replaced previous provisions: See title history; P.A. 76-436 substituted superior court for court of
common pleas, effective July 1, 1978.
See Sec. 13a-37 re determination of boundaries by Transportation Commissioner.
As to former acts. 73 C. 575. Scope of act; procedure before selectmen. 83 C. 101. All steps provided to be strictly
followed; various points considered. 84 C. 646.
Cited. 14 CA 521-524.
Cited. 11 CS 429. Selectmen have no discretion; their duty is precise. 15 CS 404. Cited. 27 CS 472.
Sec. 13a-40. Appeal. Any person aggrieved by such decision may appeal to the
superior court for the judicial district where such highway is situated within ten days
after notice of such decision has been given, which appeal shall be in writing, containing
a brief statement of the facts and reasons of appeal and a citation to such selectmen and
all adjoining proprietors on such highway to appear before said court, and said court,
or any judge thereof, may direct the time of appearance and the manner of service. Said
court may review the doings of such selectmen, examine the questions in issue by itself
or by a committee, confirm, change or set aside the doings of such selectmen, and make
such orders in the premises, including orders as to costs, as it finds to be equitable. The
clerk of said court shall cause a certified copy of the final decree of said court to be
recorded in the records of the town in which such highway is located, and, if such
decree changes the bounds defined and established by the decision of such selectmen,
the bounds defined and established by such decree shall be the bounds of such highway.
(1949 Rev., S. 2167; 1958 Rev., S. 13-50; 1963, P.A. 226, S. 41; P.A. 76-436, S. 330, 681; P.A. 78-280, S. 1, 127.)
History: 1963 act replaced previous provisions: See title history; P.A. 76-436 substituted superior court for court of
common pleas and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties.
Cited. 14 CA 521, 523.
Cited. 11 CS 429; 27 CS 472.
Sec. 13a-41. Bounds of new highways to be marked and recorded. Whenever
a new highway has been laid out by authority of any town or city, such highway shall
be marked or defined in the following manner: At the beginning and termination by
stone, steel or iron bounds on each side, and a stone, steel or iron bound at each angle
or deflection between the beginning and termination. Stone bounds shall be not less
than four inches square by two feet in length, with a mark on the top. Steel or iron bounds
shall be not less than one inch in diameter if round, or not less than one inch square,
and shall be two and one-half feet in length. No new highway shall be deemed legally
located, or a legal highway, until so marked or defined. The authorities of towns or cities
making the layout shall at least once in five years personally examine such bounds and
renew all lost or misplaced ones. Any person owning land bounded in part or wholly
by a highway may make application in writing to the authorities of the town or city in
which such land is located for bounds to be placed on such described land. Such authorities shall thereupon place on the lines of the highway on such described lands bounds
as hereinbefore described, provided the cost of procuring and the estimated cost of
placing the same shall be first paid to such authorities by the applicant. The authorities
of towns and cities making such layout shall have an adequate description of such bounds
recorded in towns in the town clerk's office and in cities in the office in which records
of streets or highways are made.
(1949 Rev., S. 2168; 1958 Rev., S. 13-51; 1963, P.A. 226, S. 42.)
History: 1963 act replaced previous provisions: See title history.
Where committee cannot find original street lines, city may make new layout of street according to charter. 69 C. 558.
This section does not empower municipality to fix disputed boundaries, but only permanently to mark undisputed lines.
73 C. 575.
When roadway leading to cemetery deemed dedicated to public use. 11 CS 429. When monuments are required. 13 CS 70.
PART II
ACCEPTANCE AND ABANDONMENT OF HIGHWAYS
Sec. 13a-42. Taking of roads into state system. The commissioner may take into
the state highway system any highway, section of highway or appurtenances thereto
when said commissioner finds that it is in the best interest of the state to do so, and such
highway, section of highway or appurtenances thereto conform to the definitions set
out in section 13a-14. Any town may petition the commissioner to take a road of such
town into such state system whenever it considers such road as conforming to the definitions set out in section 13a-14. Said commissioner shall act upon the petition within
three months after receipt thereof. Any town aggrieved by the action of the commissioner
may elect to submit the matter to arbitration in the manner provided in section 13a-17.
(1961, P.A. 603, S. 6; 1963, P.A. 226, S. 43; 1967, P.A. 236.)
History: 1963 act replaced previous provisions: See title history; 1967 act added provisions re town's petition for
commissioner to take town road into state system.
See Sec. 13a-45 re effective date of transfers or abandonments.
See Sec. 13a-46 re transfer of rights in lands as part of transfer of roads.
Sec. 13a-43. Abandonment of state highway. The commissioner may, in connection with a new highway constructed in a town, abandon any highway, or section or
appurtenance thereof, in the state highway system no longer conforming with the definitions set out in section 13a-14 or no longer serving the best interest of the state as a part
of the state highway system, upon notice to the board of selectmen of the town wherein
such highway, or section or appurtenance thereof, is located, and such highway, or
section or appurtenance thereof, shall revert to the town unless legally abandoned by
it. Before abandonment of any part of the state highway system, the commissioner shall
put the same in reasonably good condition, except where the same is no longer useful
or necessary for highway purposes. Any town aggrieved by the abandonment of any
part of any road, or section or appurtenance thereof, may elect to submit the matter to
arbitration as provided in section 13a-17.
(1949 Rev., S. 2231; 1953, S. 1198d; 1958 Rev., S. 13-111; 1961, P.A. 603, S. 7; 1963, P.A. 226, S. 44; 1967, P.A.
235, S. 2.)
History: 1961 act made certain technical changes to conform to creation of the state highway system and allowed
abandonment of part of highway system without putting road "in reasonable good condition" when road is "no longer
useful or necessary for highway purposes"; 1963 act replaced previous provisions: See title history; 1967 act linked abandonment with new highway construction, replacing provision allowing abandonment with town's consent and provision
re town submitting grievance to arbitration.
See Sec. 13a-45 re effective date of transfers and abandonments.
See Sec. 13b-205 re railroad company's authority to take land in discontinued highways.
Cited. 129 C. 83.
Sec. 13a-44. Transfer of state highway to town. The commissioner may transfer
any highway, or section or appurtenance thereof, in the state highway system to the
town or towns through which such highway, or section or appurtenance thereof, runs
when it does not conform with the definitions set out in section 13a-14 or no longer
serves the best interest of the state as a part of the state highway system, provided the
commissioner shall put the same in reasonably good condition. Any town aggrieved by
the transfer of any highway, or section or appurtenance thereof, may elect to submit the
matter to arbitration as provided in section 13a-17.
(1949 Rev., S. 2234; 1958 Rev., S. 13-116; 1961, P.A. 603, S. 8; 1963, P.A. 226, S. 45; 1967, P.A. 235, S. 3.)
History: 1961 act removed provision for state to accept part of town highway system as state road on transfers of state
highways to towns, made technical changes to conform to the creation of the state highway system and added proviso re
putting roads to be transferred "in reasonably good condition"; 1963 act replaced previous provisions: See title history;
1967 act deleted requirement that towns consent to transfer of roads but added provision for aggrieved town's submission
of a transfer decision to arbitration.
See Secs. 13a-45 re effective date of transfers and abandonments.
See Sec. 13a-46 re transfer of rights in lands as part of transfer of roads.
Sec. 13a-45. Effective date of transfers and abandonments. Transfers or abandonments under section 13a-42, 13a-43 or 13a-44 shall be effective sixty days after
notice thereof has been given by the commissioner to the selectmen of the town involved,
provided notice of any such transfer or abandonment and a description of the highway,
or portion or appurtenance thereof, so transferred or abandoned have been filed in the
office of the town clerk of the town within which such highway, or portion or appurtenance thereof, lies within such sixty days.
(1961, P.A. 603, S. 9; 1963, P.A. 226, S. 46.)
History: 1963 act replaced previous provisions: See title history.
Sec. 13a-46. Transfers of rights in lands on transfer of roads. The commissioner
shall transfer all right, title and interest vested in the state with the transfer of any highway, or portion or appurtenance thereof, to a town and shall assume all right, title and
interest in or to lands previously vested in such town upon accepting any highway, or
portion or appurtenance thereof, as part of the state highway system. Upon any such
transfer or acceptance of a highway, or portion or appurtenance thereof, by the commissioner or the town, the commissioner or the town, as the case may be, shall assume
full responsibility, authority, liability and jurisdiction over such highway, or portion or
appurtenance thereof, as of the effective date of such transfer or acceptance.
(1961, P.A. 603, S. 12; 1963, P.A. 226, S. 47.)
History: 1963 act replaced previous provisions: See title history.
Sec. 13a-47. Powers of commissioner unaffected. Nothing in sections 13a-42 to
13a-46, inclusive, shall be construed to limit, restrict or derogate from any power, right
or authority of the commissioner contained in any other statute.
(1961, P.A. 603, S. 11; 1963, P.A. 226, S. 47a.)
History: 1963 act replaced previous provisions: See title history.
Sec. 13a-48. Acceptance of highways by municipalities. Any municipality
whose duty it is to maintain the highways within its limits may, at any annual or special
meeting held for that purpose, accept as a public highway any proposed highway situated
in such municipality, provided any municipality in which a town meeting is the legislative body may by ordinance or resolution delegate the power to accept public highways
to the board of selectmen in accordance with such procedures as the municipality may
establish in the ordinance or resolution, and any municipality may, by charter, provide
an alternative means for the acceptance of public highways.
(1949 Rev., S. 2118; 1958 Rev., S. 13-3; 1963, P.A. 226, S. 48; P.A. 91-181, S. 1, 3.)
History: 1963 act replaced previous provisions: See title history; P.A. 91-181 added provision concerning acceptance
of highways by boards of selectmen and establishment of alternative means for acceptance.
Acceptance by user by the public. 131 C. 84. When municipality in conformity with statutory requirements expressly
accepts street as public highway, no further action on part of general public is required to constitute street a public highway.
146 C. 474. Section 13a-71 does not limit width of street that can be accepted. 151 C. 372. A town meeting may accept
any street as a public highway irrespective of whether it has received prior approval by selectmen. 159 C. 107. Cited. 165
C. 624, 627. Acceptance of highways is an exercise of legislative discretion that may not be delegated; whole action of
town meeting a nullity, not just the illegal delegation. Acceptance subject to approval not considered acceptance. 177 C.
527, 533. Neither the public's actual use of the property nor the town's actions constituted an express or implied acceptance
of a proposed street. 180 C. 274, 280. Acceptance by municipality may be accomplished through formal proceedings under
this section or by implication through its conduct. Id., 435, 439. Cited. 226 C. 684, 696.
Cited. 14 CA 521, 524. Cited. 17 CA 111, 112. Cited. 23 CA 281, 283, 284.
Sec. 13a-49. Discontinuance of highways or private ways. The selectmen of any
town may, subject to approval by a majority vote at any regular or special town meeting,
by a writing signed by them, discontinue any highway or private way, or land dedicated
as such, in its entirety, or may discontinue any portion thereof or any property right of
the town or public therein, except when laid out by a court or the General Assembly,
and except where such highway is within a city, or within a borough having control of
highways within its limits. Any person aggrieved may be relieved by application to the
Superior Court, to be made and proceeded with in the manner prescribed in section 13a-62. Whenever a petition has been presented to the selectmen for such discontinuance
or partial discontinuance of any land dedicated as a highway or private way but which
has not been actually used, worked or accepted, as a highway, by the town, and such
discontinuance or partial discontinuance has not been made by the selectmen and approved by the town within twelve months after such presentation, any person aggrieved
may be relieved by application to said court, to be made and proceeded with in the
manner prescribed in section 13a-62.
(1949 Rev., S. 2147; 1957, P.A. 13, S. 72; 1958 Rev., S. 13-31; 1963, P.A. 226, S. 49; P.A. 76-436, S. 331, 681; P.A.
90-310, S. 2.)
History: 1963 act replaced previous provisions: See title history; P.A. 76-436 substituted superior court for court of
common pleas, effective July 1, 1978; P.A. 90-310 added provision allowing for the discontinuance of any portion of any
highway or property right of the town.
See Sec. 13b-205 re railroad company's taking land in discontinued highways.
Nonuse of highway prima facie evidence of abandonment. 7 C. 125; 83 C. 101; 89 C. 598. Where discontinuance by
selectmen, approved by town, was acquiesced in by public over twenty years, highway presumed one which selectmen
could discontinue, although no record of layout or evidence of dedication shown. 22 C. 107. Selectmen cannot discontinue
town highway, originally turnpike. 30 C. 286. A town has no power to agree, for a valuable consideration, to discontinue
a highway. 50 C. 470. On removal of highway, canal or railroad, adjoining owner's fee freed from encumbrance. 52 C.
250. Committee's only duty to decide question of common convenience and necessity. 55 C. 409. Approbation of town
may precede or follow selectmen's action. 61 C. 397; 85 C. 595. Highway laid out under order of railroad commissioners
is within exception. 76 C. 69. All steps provided must be taken; action by selectmen necessary. 80 C. 280; 85 C. 595.
Presumed that road as to which selectmen have acted is not within exception. 81 C. 595. See note to section 13a-62.
Approbation would be a matter of public record. 132 C. 446. Appeal to supreme court dismissed for lack of final judgment
as committee appointed under section 13a-62 (formerly section 13-23) had not yet determined basic question of common
convenience and necessity. 148 C. 109. Discontinuance of road by town where no other access to highway remains for
plaintiff held compensable. 158 C. 276. Cited. 184 C. 483, 485. Cited. 188 C. 336, 338, 346. Cited. 226 C. 684, 696. Cited.
242 C. 727.
Where statutory method of discontinuance was strictly followed, use of word "abandon" did not invalidate the action
taken. 5 CA 448-450, 452. Cited. 14 CA 521, 525. Cited. 26 CA 785, 791. Cited. 35 CA 398, 404.
Statutory method must be strictly followed; approbation of town must be of precise act of discontinuance by selectmen.
17 CS 77.
Sec. 13a-50. Discontinuance of highway by Superior Court. The Superior
Court, on the application of any person, may discontinue any highway in the judicial
district where it is held, which cannot be discontinued by the selectmen; but all questions
arising as to the convenience or necessity of such highway shall, unless the parties agree,
be decided by a committee to be appointed by the court; and any person may appear
and be heard in relation to such application and may remonstrate against the acceptance
of the report of the committee for any irregularity or impropriety in the performance of
its duty. All such applications shall be served as other civil process upon the towns in
which such highway is located. The officer making such service shall also place upon
one or more of the signposts in such town, if any, or at some other exterior place near
the office of the town clerk, a certified copy of such application and citation, at least
twelve days before the session of the court to which the same is returnable, and further
notice shall be given by publishing an advertisement in some newspaper, published in
such judicial district, describing such highway, at least three weeks before the session
of said court.
(1949 Rev., S. 2162; 1958 Rev., S. 13-35; 1963, P.A. 226, S. 50; P.A. 78-280, S. 2, 127; P.A. 84-146, S. 10.)
History: 1963 act replaced previous provisions: See title history; P.A. 78-280 substituted "judicial district" for "county";
P.A. 84-146 included a reference to posting of a copy of the service on a place other than a signpost.
Highway, once established, discontinuable only for new matter. 21 C. 468; 31 C. 601. Public hearing by committee is
not limited to the parties and cannot entirely exclude participation by the public. Statute does not limit the right to challenge
a committee's report to aggrieved persons. 184 C. 483, 484-486, 488-492, 494-496.
Cited. 35 CA 398, 404.
Sec. 13a-51. Discontinued turnpikes remain highways. All discontinued turnpikes and parts of turnpikes shall remain public highways in the town or towns where
situated; but any town may discontinue the whole or any portion of such road within
such town in the manner provided in section 13a-49.
(1949 Rev., S. 2150; 1958 Rev., S. 13-34; 1963, P.A. 226, S. 51.)
History: 1963 act replaced previous provisions: See title history.
A highway, which is a public right of passage over another man's land, must be defined with reasonable certainty. 117
C. 402.
Sec. 13a-52. No assessed damages collected if unopened highway discontinued. When any highway duly laid out is legally discontinued before being opened
and worked, no action shall be brought to recover damages assessed therefor, but the
owner of the lands over which it is laid out may recover of the town, city or borough
his actual damages from its layout.
(1949 Rev., S. 2163; 1958 Rev., S. 13-36; 1963, P.A. 226, S. 52.)
History: 1963 act replaced previous provisions: See title history.
But for this section, damages assessed could be recovered, though highway was discontinued before it was opened and
worked. 39 C. 113. Abandonment of uncompleted proceedings to lay out street gives no right to damages, unless there be
inexcusable delay. 48 C. 68. Cited. 158 C. 280.