CHAPTER 238
HIGHWAY CONSTRUCTION AND MAINTENANCE

PART I
BOUNDARIES

      Sec. 13a-36. Milestones to be reset. The commissioner shall reset any milestone found in the course of the construction by him of any highway which follows approximately the route of an ancient turnpike or highway.
      (1949 Rev., S. 2249; 1958 Rev., S. 13-136; 1963, P.A. 226, S. 37.)

      History: 1963 act replaced previous provisions: See title history.

      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. Id., 436. "Appeal" from reestablishment of lost boundaries. Id., 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. Cited. 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.

      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. Cited. 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. 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. 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. Acceptance by municipality may be accomplished through formal proceedings under this section or by implication through its conduct. Id., 435. Cited. 226 C. 684.

      Cited. 14 CA 521. Cited. 17 CA 111. Cited. 23 CA 281.

      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. Cited. 188 C. 336. Cited. 226 C. 684. 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. Cited. 14 CA 521. Cited. 26 CA 785. Cited. 35 CA 398.

      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.

      Cited. 35 CA 398.

      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.

      Sec. 13a-53. Discontinuance of highway crossing railroad. That part of any highway which crosses a railroad, the use of which crossing has been abandoned for a period of at least fifteen years, shall be deemed discontinued.

      (1949 Rev., S. 2165; 1958 Rev., S. 13-48; 1963, P.A. 226, S. 53.)

      History: 1963 act replaced previous provisions: See title history.

      See Sec. 13b-205 re railroad company's taking land in discontinued highways.

      Sec. 13a-54. Abandonment of highway for construction of dam. Any person or corporation engaged in constructing, raising or operating a dam for milling, manufacturing or power purposes, which dam will flood or cause to be flooded any highway, may abandon so much of such highway as may be advisable or necessary, upon such terms and conditions as are agreed upon by such person or corporation and the party or parties liable to maintain the same, which agreement shall be in writing and shall be recorded in the town clerk's office in the town or towns where such highway or any portion thereof so to be abandoned is situated, and shall be sufficient authority for the person or corporation constructing, raising or operating such dam to continue the construction, raising or operation thereof and to flood such highway so to be abandoned. If the above parties fail to agree upon the abandonment of any such highway or any portion thereof, the person or corporation constructing, raising or operating such dam may prefer a complaint against such other party or parties to the superior court of any judicial district wherein any portion of such highway is located or to any judge of the superior court for permission to continue to construct, raise or operate such dam and for the abandonment of such highway or any portion thereof. Said court or such judge may grant such person or corporation such permission and order the abandonment of such highway or any portion thereof, upon payment to the party or parties liable to maintain such highway of such damages as said court or such judge may adjudge or when such person or corporation complies with such other terms as said court or such judge may order. When such person or corporation pays such damages or gives bond with surety to the satisfaction of said court or such judge that such person or corporation will comply with such terms, the flooding of such highway by means of such dam shall not be deemed a common nuisance.

      (1949 Rev., S. 2135; 1958 Rev., S. 13-19; 1963, P.A. 226, S. 54; P.A. 78-280, S. 2, 127.)

      History: 1963 act replaced previous provisions: See title history; P.A. 78-280 substituted "judicial district" for "county".

      See Sec. 13a-72 re alteration or relocation of highway for dam construction.

      See Sec. 52-446 re procedures for flowage petitions.

      This statute is constitutional. 95 C. 95. Cited. 158 C. 280.

      Sec. 13a-55. Right-of-way of property owners bounding a discontinued or abandoned highway or a highway any portion of which is discontinued or abandoned. Property owners bounding a discontinued or abandoned highway, or a highway any portion of which has been discontinued or abandoned, shall have a right-of-way for all purposes for which a public highway may be now or hereafter used over such discontinued or abandoned highway to the nearest or most accessible highway, provided such right-of-way has not been acquired in conjunction with a limited access highway.

      (1959, P.A. 674, S. 3; 1963, P.A. 226, S. 55; P.A. 85-227; P.A. 90-142, S. 1, 2.)

      History: 1963 act replaced previous provisions: See title history; P.A. 85-227 granted a right-of-way to owners of property which bounds a highway, any portion of which is abandoned or discontinued, over such discontinued or abandoned highway to the nearest or most accessible highway; P.A. 90-142 after "right-of-way" added "for all purposes for which a public highway may be now or hereafter used".

      Constitutionality of statute upheld; access rights of owners of property abutting discontinued or abandoned highways discussed. 188 C. 336. Cited. 192 C. 663. Cited. 218 C. 65. Plaintiffs' request for injunction requiring removal of a traffic gate erected by defendant, town of Berlin, to control access to and from an abandoned public road was denied because continued use of the gate did not cause plaintiffs irreparable harm; plaintiffs' use of road was minimal and therefore outweighed by defendant's need to provide a safe environment for its residents. 259 C. 83.

      Cited. 17 CA 476. Statute not applied retroactively. 22 CA 285. Cited. 26 CA 785. Cited. 35 CA 398.

      Cited. 44 CS 189. After enactment of statute, public easement over discontinued or abandoned highways ceases, but private easement remains. 47 CS 418.

PART III
LAYOUT AND ALTERATION

      Sec. 13a-56. Relocation to straighten or remove dangerous location. The commissioner may relocate any section of any state highway for the purpose of straightening or removing any dangerous location thereon.
      (1949 Rev., S. 2231; 1953, S. 1198d; 1958 Rev., S. 13-111; 1961, P.A. 603, S. 7; 1963, P.A. 226, S. 56.)

      History: 1961 act made technical changes in language; 1963 act replaced previous provisions: See title history.

      Cited. 129 C. 83.

      Empowers highway commissioner to construct a continuous highway comprised of a series of relocations of sections of a state highway for the purpose of removing dangerous locations. 18 CS 270.

      Sec. 13a-57. Layout of state highway. The commissioner may lay out any road as a state highway either by using existing highways or by acquiring by purchase or condemnation new rights-of-way. The layout shall be made in the following manner: The commissioner shall develop a map or maps of the layout of a state highway by ground survey or aerial photogrammetric methods. Such map or maps shall show the limits of the right-of-way, all existing roads, buildings and fences and other topographic features which will clearly establish the location of the highway. The commissioner shall file in the town clerk's office in each town in which such layout or portion thereof is established a map showing such portions of such layout within the limits of any such town in which such map is filed. When such maps of any section or sections of such highway have been so filed, the commissioner shall cause a notice to be inserted in a newspaper having a general circulation within each of such towns describing the action of the commissioner concerning the layout of such highway. When such maps have been placed on file and such notice given, such portion or section shall be deemed to have been legally laid out as a state highway and all provisions of the general statutes relating to state highways shall apply to such layout or highway. This section shall not affect the authority of the commissioner to relocate any section of any state highway as provided in section 13a-56.

      (1953, 1955, S. 1199d; 1958 Rev., S. 13-112; 1963, P.A. 226, S. 57; P.A. 03-115, S. 27; P.A. 04-143, S. 10.)

      History: 1963 act replaced previous provisions: See title history; P.A. 03-115 made technical changes; P.A. 04-143 made a technical change, effective May 21, 2004.

      Unreasonable delay by highway commissioner in filing certificate of taking after filing provided for in this section may subject him to additional damages after June 21, 1967, the effective date of section 13a-76a. 158 C. 452. Filing of map under this section provides date plaintiff's property was taken in a constitutional sense. 167 C. 334. Cited. 176 C. 264. Cited. 214 C. 225.

      Sec. 13a-57a. Consultation with municipal officers in planning of highway within municipality. Whenever the Commissioner of Transportation is engaged in the planning of any limited access highway, interchange or connector to be located within the limits of any town, city or borough or consolidated town and city or consolidated town and borough he shall consult, to the fullest extent possible, with the chief executive officer and the planning commission, if any, of such town, city or borough or consolidated town and city or consolidated town and borough so as to conserve, preserve and, if possible, enhance the environment by insuring through such consultations that the proposed works will have the least adverse impact on the environment.

      (1971, P.A. 469.)

      Sec. 13a-57b. Areas for bicycles and pedestrians. The Commissioner of Transportation shall, whenever possible, encourage the inclusion of areas for bicycles and pedestrians when (1) creating a layout of a state highway, in accordance with section 13a-57, or (2) relocating a state highway, in accordance with section 13a-56.

      (P.A. 98-91, S. 7.)

      See Sec. 13a-141 et seq. for related provisions re bridle paths, pedestrian walks and bicycle paths and trails.

      Sec. 13a-58. Public hearing on proposed layout. When the Commissioner of Transportation proposes to build any new state highway over any land within the state, if the land to be taken is not along an existing highway, said commissioner shall hold a public hearing at which time he shall set forth the route and any alternative routes along which such highway is proposed, giving notice of the time and place of such hearing by publication in a newspaper having a substantial circulation in each town, city or borough affected, at least twice, at intervals of not less than two days, the first not more than fifteen days nor less than ten days and the second not less than two days before such hearing. A copy of the map showing the proposed layout and any alternative layouts of such highway shall be delivered to the town clerk who shall display such map for public inspection, at least ten days before such hearing, in the office of the clerk of each town, city or borough in which the highway is located. Such public hearing shall be held in some town or city to be selected by the commissioner wherein the majority in area of the land to be taken is located. At such hearing the commissioner shall show the proposed layout and any alternative layouts and state the reason for the selection of such route, and any persons who are opposed to such layout or route shall be heard and may state their reasons therefor. All expenses of such hearing shall be borne by the Department of Transportation. Upon the completion of such hearing, a consideration of all the evidence relevant to the selection of such route and the objections thereto shall be made, and said commissioner may make such changes as he deems to be in the public interest. If five years elapses from the date of such hearing and none of the land proposed to be used for such highway has been taken by the state, the commissioner shall hold a new public hearing in the manner provided for in this section.

      (1957, P.A. 513; 1958 Rev., S. 13-113; 1963, P.A. 226, S. 58; 1967, P.A. 44, S. 1; 1969, P.A. 768, S. 78; 1971, P.A. 601; P.A. 78-2.)

      History: 1963 act replaced previous provisions: See title history; 1967 act clarified provision re filing of maps for public inspection by specifying that maps be delivered to town clerk and that he display them; 1969 act substituted commissioner and department of transportation for state highway department; 1971 act added requirement that new public hearing be held if five years elapse without state's taking action; P.A. 78-2 included alternative routes and alternative layouts in provisions of section.

      Unreasonable delay by highway commissioner in taking after filing of a map subjects him to additional damages resulting therefrom after the effective date of section 13a-76a. 158 C. 452.

      Sec. 13a-58a. Change of zone of property within limits of laid-out highway prohibited. Notwithstanding any provisions of the general statutes or any special act to the contrary, no zoning commission or combined planning and zoning commission shall change the zoning of any property situated wholly or partially within the limits of a state highway laid out by the Commissioner of Transportation pursuant to section 13a-57 after said commissioner has selected the route for such highway following the public hearing required by section 13a-58 and has notified the clerk of the town, city or borough in which the proposed highway is to be located, of such selection, for a period of two years from the date of such notification.

      (1971, P.A. 563, S. 1.)

      Sec. 13a-59. Transferred to Chapter 248, Sec. 14-238a.

      Sec. 13a-60. Entry upon private property in altering of highways. The commissioner or his agent may enter upon private property for the purpose of conducting surveys, inspections or geological investigations for the location, relocation, construction or reconstruction of any proposed or existing highway. After giving reasonable notice to the property owner or owners affected, he or his agent may also enter private property for the purpose of performing borings, soundings or other tests required to accomplish any of the foregoing objectives with respect to such highways. He shall use care so that no unnecessary damage shall result, and the state shall pay damages to the owner of any property from appropriations made to the Department of Transportation for any damage or injury he causes such owner by such entrance and use. If entry to any property for the purpose of performing borings, soundings or other tests is refused to the commissioner or his agent after he has given reasonable notice to the owner or owners thereof, the commissioner shall assess damages in the manner provided by statute for the taking of land for highway purposes, and, at any time after such assessment has been made by said commissioner, may enter said property for the purpose of performing borings, soundings or other tests. If the owner accepts such assessment of damages, he shall notify the commissioner in writing, and said commissioner shall pay such sum to said owner within thirty days or, after the expiration of said thirty days, shall pay such sum with interest at six per cent. If the owner is aggrieved by such assessment, he shall notify the commissioner in writing and may appeal to any court within its jurisdiction for a reassessment of such damages within six months from the date said commissioner forwarded such assessment to such owner. This section shall not limit or modify rights of entry upon property otherwise provided for by law.

      (1949 Rev., S. 2194; 1958 Rev., S. 13-79; 1961, P.A. 137, S. 1; 1963, P.A. 226, S. 60; 502; February, 1965, P.A. 520, S. 1; 1969, P.A. 768, S. 80.)

      History: 1961 act deleted provision re commissioner's power to lay out, alter, construct, reconstruct, etc. highways when "interest of the state so requires"; 1963 acts added provisions re entry on private property to perform borings, soundings or other tests and restated previous provisions: See title history; 1965 act added provisions re payment of damages out of appropriations and assessment and appeal procedures, and deleted requirement commissioner apply to superior court for permission to enter where owner refuses entry; 1969 act substituted department of transportation for highway department.

      See Sec. 13a-38 re commissioner's authority to enter on private property to determine highway boundaries.

      Cited. 125 C. 413. Cited. 129 C. 83. Does not imply consent on part of 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-60a. Entry to repair or relocate private driveway. (a) Whenever a driveway requires repairing, reconstructing or relocating as a result of state highway relocation, repair, construction or reconstruction, and there is no taking of private property involved, the Commissioner of Transportation may enter upon such private property for the purpose of repairing, relocating or reconstructing such driveway. He shall use care that no unnecessary damage shall result and the cost of such repair, relocation or reconstruction and of any damage or injury caused to such property shall be paid from appropriations made to the commissioner.

      (b) Whenever a driveway requires repairing, reconstructing or relocating as a result of any municipal highway relocation, repair, construction or reconstruction, and there is no taking of private property involved, an official of the municipality where such driveway is located who is charged with highway construction or maintenance duties may enter upon such private property for the purpose of repairing, relocating or reconstructing such driveway. He shall use care that no unnecessary damage shall result and the cost of such repair, relocation or reconstruction and of any damage or injury caused to such property shall be paid by the municipality.

      (1967, P.A. 147, S. 1; 1969, P.A. 768, S. 81; P.A. 91-181, S. 2.)

      History: 1969 act substituted commissioner of transportation for highway commissioner; P.A. 91-181 designated existing language Subsec. (a) and added new Subsec. (b) concerning entry upon private property by municipal officials for repair, relocation or reconstruction of a highway.

      Sec. 13a-61. Layout of highways by selectmen. The selectmen of each town may lay out necessary highways therein, not being within a city or within a borough having, by virtue of its charter or by statute, control of and liability for the highways within its limits, first giving reasonable notice in writing to the owners of the land through which the same are to be laid out or leaving copies of such notices at their places of abode, if in this state, to be present at the laying out of any such highway; and the damage done to such owners by such laying out shall be paid by the town. A written survey, signed by the selectmen, particularly describing such highway, with a description of each piece or parcel of land taken from or annexed to the lands of adjoining proprietors, being accepted by the town and recorded in its land records, and satisfaction being made to the persons injured, or the money deposited in the town treasury for their use, according to the agreement or estimate made as hereinafter provided, such highway shall be and remain for the use for which it was laid out.

      (1949 Rev., S. 2138; 1958 Rev., S. 13-22; 1963, P.A. 226, S. 61; 570, S. 1.)

      History: 1963 acts deleted provision delaying occupation of highway for twelve months where person declared himself aggrieved and restated previous provisions: See title history.

      Forty years' use evidence of existence of highway. 2 R. 173. Fee of land in highway belongs to adjoining proprietors. 1 C. 103; 5 C. 310; 11 C. 60; 13 C. 26; 74 C. 485; 78 C. 120; 79 C. 353; 80 C. 288; 82 C. 397; Id., 567; 85 C. 404. Various points relating to ancient highways. 3 C. 90; 5 C. 305. Survey stating no width inadmissible to prove existence of highway. 7 C. 127. Nonuser of highway prima facie evidence of abandonment. Id.; 83 C. 101; 89 C. 598. Notice to owner resident out of state to be present at layout of highway, if necessary, may be by mail. 12 C. 464. Deed of land, bounded on highway, presumably conveys fee to center of road. 13 C. 26. Law as to ways of necessity not changed by this statute. 15 C. 43; 107 C. 39. Various points as to laying out of private ways. 15 C. 83. Highways may be established by dedication and public acceptance; latter generally proved by public use. 19 C. 169; Id., 264; 29 C. 157; 35 C. 314; 37 C. 392; 39 C. 509; 40 C. 13; 46 C. 257; 73 C. 578; 74 C. 360; 76 C. 295; 77 C. 444; 78 C. 64; Id., 156; 79 C. 353; 81 C. 408. "Layout" includes initiatory act of selectmen and consummating act of town. 19 C. 600. Agreement by parties interested in layout of highway to pay expense thereof, not void as against public policy. 20 C. 7. Long public use of highway, how far evidence of original layout by selectmen. 22 C. 116. Acceptance of dedicated highway is by the public in using, not by the town in repairing. 29 C. 157. Railroad company can dedicate land for highway. 39 C. 509. City's right to assess for construction of street same whether street laid out, or land dedicated or otherwise procured. 46 C. 286. Selectmen as agents of law. 73 C. 502; 85 C. 502. History of law as to layout of highways. 69 C. 164. Public convenience and necessity involved in every layout. 78 C. 64. In early days highway might be pent. 80 C. 280. Provisions of law to be strictly followed. 84 C. 121. Bridge and its approaches as part of highway; 86 C. 658; so ferry. 87 C. 229. Cited. 150 C. 374.

      Cited. 4 CS 474; 6 CS 5. The power of selectmen to lay out highways does not include the power to alter them. Construed with section 13a-84, town meeting action is necessary to alter highways. 27 CS 469.

      Sec. 13a-62. Application to Superior Court for relief. Any person aggrieved by the doings of the selectmen in laying out a highway may, within eight months after the survey thereof has been accepted by the town, apply to the superior court for the judicial district in which such town is located for relief, causing such selectmen to be cited to show cause why such relief should not be granted. Such application shall be heard and determined by a committee of three disinterested persons to be appointed by the court. If such committee finds that such highway is not of common convenience and necessity, said court shall set aside such layout, and, if said court sets aside such layout, the costs shall be paid by the town; but, if such committee finds that such highway is of common convenience and necessity, the application shall be dismissed with costs. The report of such committee may be set aside by the court for any irregularity or improper conduct on its part. Proceedings under this section shall not prevent or delay the opening or occupation of such highway.

      (1949 Rev., S. 2139; 1958 Rev., S. 13-23; 1963, P.A. 226, S. 62; 570, S. 2; P.A. 76-436, S. 332, 681; P.A. 78-280, S. 1, 127.)

      History: 1963 acts provided that proceedings under section "shall not prevent or delay the opening or occupation" of a highway and restated 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.

      Procedure under this section. 25 C. 597. In fixing width of highway, existing public use of adjoining land may be considered. 38 C. 526. History of this section. 73 C. 504. Court should determine issues other than public convenience and necessity before submission to committee. 93 C. 377. Discontinuance of highway does not become final until time for appeal has elapsed. Id., 379. Town may rescind vote to discontinue during this period. Id., 380. Regularity of proceedings affecting layout presumed after forty years. 95 C. 326. Appeal to supreme court of errors dismissed for lack of final judgment as committee had not yet determined basic question of common convenience and necessity. 148 C. 109. Cited. 150 C. 374; 158 C. 277. Cited. 188 C. 336.

      Cited. 27 CS 469.

      Sec. 13a-63. Refusal of selectmen to lay out or alter highway. When the selectmen of any town refuse to lay out any necessary highway or to make any necessary alterations in any existing highway, unless such refusal is based on a designation of the existing highway as a scenic road pursuant to section 7-149a, any person may prefer an application therefor to the superior court for the judicial district in which such town is located, accompanied by a summons, signed by proper authority, to be served in the same manner as civil process on one of such selectmen, to appear and be heard thereon; and, unless the parties agree as to the judgment to be rendered, such application shall be heard and decided by a committee of three disinterested persons to be appointed by the court, at such time and place and with such reasonable notice to those interested therein as said court orders. If such committee finds that such highway or alteration will be of common convenience and necessity, it shall survey and lay out the same and estimate the damages sustained by or the special benefits accruing to each person by the layout of a new or the alteration of an existing highway, and report in writing its doings to said court.

      (1949 Rev., S. 2154; 1958 Rev., S. 13-40; 1963, P.A. 226, S. 63; 1971, P.A. 870, S. 29; P.A. 76-436, S. 333, 681; P.A. 81-401, S. 2, 4; 81-472, S. 103, 159.)

      History: 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 matters deemed transferable; P.A. 76-436 substituted superior court for court of common pleas and added reference to judicial districts, effective July 1, 1978; P.A. 81-401 amended the section by prohibiting appeal from a town's refusal to lay out a highway based on the highway's designation as a scenic road; P.A. 81-472 made technical changes.

      Necessary allegations. 4 D. 407; 1 C. 279; 8 C. 162, 243; 9 C. 252; 11 C. 383, 576; 17 C. 197. Points as to notice and report of committee. 1 C. 279. Survey must give width as well as line of highway. 7 C. 127. Cases where report contained sufficient evidence that committee were sworn. 11 C. 387; 12 C. 146. Town the proper defendant, though service made on selectmen. 11 C. 579; 25 C. 602; 30 C. 35. Service by leaving copy at usual place of abode of selectmen, good. 12 C. 93. Court must establish or reject whole highway as laid out by committee. Id., 94. Findings of trial court conclusive as to notice to town and refusal of selectmen. Id., 150. Refusal of selectmen may be found by court after report by committee. 13 C. 373. Reference to committee implies that parties did not agree as to judgment. 19 C. 527. Question of convenience and necessity belongs to committee. Committee to decide on necessity and place of highway. Id.; 20 C. 225; 48 C. 290. Court has jurisdiction where town refuses to accept selectmen's survey. 19 C. 600. Highways may be laid out by county commissioners over small creek in which tide ebbs and flows. 22 C. 182. Petitioners may withdraw before report is presented. 25 C. 136. Various points about committee's action and report. Id., 180; 43 C. 437; 50 C. 247; 51 C. 547. Persons interested. 27 C. 414. Requisites of committee's finding. 29 C. 493. Requisite points in finding need not be precisely stated. Id. Waiver of committee's disqualification. 35 C. 33. Irregular and improper conduct of committee. Id., 35. Denial of petition is a bar to another by other parties for same highway. Id., 532. Assessment of benefits an exercise of taxing powers. 36 C. 255. This section authorizes construction of a drawbridge. 38 C. 222; 50 C. 247. Highway running from one county into another may be laid out in part by superior court in each county. 39 C. 233. Evidence admissible before committee. 42 C. 321; 50 C. 247. Selectmen, or committee, must lay out same, or part of same, road applied for; if substantially the same, it is identical in law. 47 C. 334. Acceptance of service; points in procedure. 48 C. 272. Expense to be considered in determining question of convenience and necessity. 50 C. 593. Status of committee on one member leaving the state. 59 C. 205. Under former statute relating to approval by judge of layout near railroad, judge should consider danger rather than expense. 64 C. 256. Party failing to appeal from judgment cannot afterward obtain injunction. 69 C. 36. Constitutionality. 95 C. 95. Cited. 158 C. 280.

      Cited. 12 CA 153. Cited. 29 CA 18.

      Cited. 6 CS 5. Cited. 9 CS 458.

      Sec. 13a-64. Remonstrance. Reestimate of damages and benefits by jury. All persons interested in laying out or altering such highway may appear before said court and remonstrate against the acceptance of such report for any irregularity or improper conduct on the part of the committee, and for such a cause the court may set aside such report; but if it is of the opinion that it ought to be accepted, and if, before its acceptance, a jury is moved for to reestimate the damages and benefits or either, said court shall order a jury of six to be drawn from the boxes, in the custody of the clerk of the superior court of the judicial district, of such towns in the county, in which such judicial district is located, where the application is made as the court directs, and to be summoned and attended by a state marshal as the court directs. Such jury shall be sworn and a certificate of that fact shall be annexed to its report; and its powers shall be confined to granting relief to the person or persons making such application. The parties to this proceeding may challenge any of such jurors as in a civil action; and when, by reason of any such challenge, the panel is reduced to less than six, the clerk shall return such number of disinterested electors from any of the towns in the judicial district, except that in which such highway is located or in which the owner of the land resides, as is necessary to fill such panel; and such clerk shall, within forty-eight hours thereafter, return the names of such persons so challenged into the boxes from which they were drawn.

      (1949 Rev., S. 2155; 1958 Rev., S. 13-41; 1963, P.A. 226, S. 64; 1971, P.A. 870, S. 30; P.A. 76-436, S. 481, 681; P.A. 78-280, S. 23, 127; P.A. 00-99, S. 43, 154.)

      History: 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 matters deemed transferable; 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 references to counties except when used in connection with "sheriff"; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal, effective December 1, 2000.

      See Sec. 51-247 re compensation of jurors.

      Court may recommit report for correction of clerical error at adjourned term. 9 C. 257. Court cannot establish part and reject part of highway laid out entire by committee. 12 C. 94. After reversal of judgment of county court establishing part of highway laid out entire by committee, cause remanded to be proceeded with according to law, without specific directions as to further proceedings. Id., 100. On remand of cause, after reversal of judgment establishing only part of the entire highway, county court properly established entire road. 13 C. 132. Layout of highway across cove, when not void as obstructing navigation. 20 C. 227; 22 C. 182. Damages must be for direct and immediate injury, and confined to owners of land through which highway is laid out. 21 C. 320. Layout by committee of highway already laid out under borough charter improper. 24 C. 202. Grounds of remonstrance; irregular conduct of committee. 27 C. 414, 567; 35 C. 32; 39 C. 265; 43 C. 437; 45 C. 237; 49 C. 229; 51 C. 556. Local and special benefits to be set off against damages. 32 C. 478. Damages awarded to one not owner, a ground of remonstrance. 51 C. 560. Only property owner entitled to move for jury. 85 C. 243. Party has peremptory challenge of jurors under statute regarding all civil actions. 28 C. 566. Party may waive absence of a juror. 36 C. 307.

      Cited. 9 CS 458. Cited. 11 CS 429.

      Sec. 13a-65. When jury's doings conclusive. New jury. The court to which the doings of such jury are returned may set the same aside if, upon exception taken, it appears to said court that such jury has been improperly summoned or has conducted improperly; otherwise such doings shall be conclusive. If the court sets aside the report of the jury, it shall order another jury to reestimate such damages and benefits in the manner aforesaid; and, if the clerk finds, after he has drawn the names of such jurors from the boxes, that any of them is disqualified, he shall release such as are disqualified and return their names into the box whence they were drawn and summon others, who are indifferent, to supply their places.

      (1949 Rev., S. 2156; 1958 Rev., S. 13-42; 1963, P.A. 226, S. 65.)

      History: 1963 act replaced previous provisions: See title history.

      Doings of jury never conclusive when they exceed their jurisdiction. 21 C. 319.

      Cited. 9 CS 458.

      Sec. 13a-66. Costs on application for jury. If the report of the jury, when accepted, does not increase the damages allowed or diminish the assessment of benefits to the applicant by the committee, the court shall order the applicant for the jury to pay the costs of the application. If such jury, in the reassessment of damages or benefits, increases such damages or diminishes such assessment of benefits, the damages so assessed shall be allowed, with the costs of the application, and paid by the town; and the amount assessed for benefits, less the amount of costs of the application, shall be paid to the town by the person upon whom they were assessed.

      (1949 Rev., S. 2157; 1958 Rev., S. 13-43; 1963, P.A. 226, S. 66.)

      History: 1963 act replaced previous provisions: See title history.

      Cited. 9 CS 458.

      Sec. 13a-67. Committee's accepted report to be recorded. Judgment. When the report of the committee finds that such highway or alteration will be of common convenience and necessity and such report has been accepted, it shall be recorded, and such road shall be a public highway; and judgment shall be rendered for the payment of the damages and benefits respectively assessed by or to the defendant town, to be paid at such time as the court directs, and that the town pay the costs. In all other cases the costs shall be paid by the petitioners, but witness fees shall not be taxed against either party.

      (1949 Rev., S. 2158; 1958 Rev., S. 13-44; 1963, P.A. 226, S. 67.)

      History: 1963 act replaced previous provisions: See title history.

      Damages may be assessed to others than actual owners. 1 C. 284; but see 21 C. 327. Damages become a debt against the town. 4 C. 188. Recording of committee's report not essential to existence of highway, or to right to collect damages and benefits. 69 C. 41.

      Cited. 9 CS 458.

      Sec. 13a-68. Assessment of benefits limited. Collection. The benefits assessed for any particular layout or alteration, except in a city or borough, shall in no case exceed the damages assessed therefor, together with one-half the estimated costs of such layout or alteration; and all assessments of benefits may be collected in the same manner as town taxes.

      (1949 Rev., S. 2159; 1958 Rev., S. 13-45; 1963, P.A. 226, S. 68).

      History: 1963 act replaced previous provisions: See title history.

      Sec. 13a-69. Proceedings when towns disobey court order. When any town fails to construct or alter any highway therein when legally ordered to do so by the Superior Court, said court shall direct some suitable person to construct or alter such highway and grant a warrant, on the complaint of the state's attorney, against such town to collect the expense of such construction or alteration.

      (1949 Rev., S. 2160; 1958 Rev., S. 13-46; 1963, P.A. 226, S. 69; 1971, P.A. 870, S. 31; P.A. 76-436, S. 334, 681.)

      History: 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 matters deemed transferable; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978.

      Town's failure to construct highway according to judgment does not excuse party from paying benefits. 69 C. 42.

      Sec. 13a-70. Bond to construct highway when application pending in court. When an application is pending before the Superior Court for the laying out or alteration of any highway, any person interested therein may execute a penal bond with surety, payable to the defendant town or towns, conditioned that the obligors will, for a specified sum, make or alter such highway in a specified time and manner, constructed and graded to the satisfaction of the Commissioner of Transportation, or convey to such town or towns the right-of-way therefor; which bond shall be executed by persons owning real estate in fee simple, situated in this state, in value double the amount of the penal sum in such bond, and shall be binding upon the obligors therein to the full amount of such penal sum, as liquidated damages; and the committee may receive and hold it until it reports its doings to said court, and regard it as evidence in determining the expense of constructing or altering such highway; and, if it reports favorably upon such application, it shall deliver such bond to such town or towns, otherwise to the obligor as therein named. In an action on such a bond payable to several towns, they may join and the court shall determine the amount to be paid to each. When any highway has been so constructed in whole or in part, no money for labor thereon shall be paid, unless with the approval of the selectmen of the town, or unless such road has been constructed and graded to the satisfaction of the commissioner.

      (1949 Rev., S. 2161; 1958 Rev., S. 13-47; 1961, P.A. 517, S. 75; 1963, P.A. 226, S. 70; 1969, P.A. 768, S. 82; 1971, P.A. 870, S. 32; P.A. 76-436, S. 335, 681.)

      History: 1961 act substituted highway commissioner for county commissioners, latter office having been abolished in 1959; 1963 act replaced previous provisions: See title history; 1969 act substituted commissioner of transportation for highway commissioner; 1971 act substituted court of common pleas for superior court, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978.

      Giving of bond not sufficient to support new petition for road once rejected. 35 C. 526. Bond may be amended. 45 C. 237. Form of bond. 48 C. 288. Bond may be given where highway includes draw bridge. 50 C. 250.

      Cited. 11 CS 429.

      Sec. 13a-71. Layout by individuals. (a) No person, company or corporation, except the state or municipal corporations, shall lay out any highway in this state less than fifty feet in width unless with the prior written approval of a majority of the selectmen of the town, or of the burgesses of the borough, or of the common council of the city, wherein such highway is located, except that, where there exists a planning commission in such town, borough or city operating under the general statutes or special act, which commission has adopted subdivision regulations, such written approval shall be obtained from such planning commission.

      (b) No highway except a state highway shall be opened to the public until the grade, layout, location, width and improvements of such highway have received the written approval of the majority of the selectmen of the town or of the common council of the city or of the warden and burgesses of the borough wherein such highway is located, except that, where there exists a planning commission in such town, city or borough operating under the general statutes or special act, which commission has adopted subdivision regulations, such approval shall be obtained from such planning commission, nor until such approval has been filed in the office of the clerk of such town, city or borough, as the case may be. No such clerk shall receive or place on file any map of any such new highway or highways, or any map of land showing such new highways, until he has received a certificate, signed by a majority of the selectmen of the town or of the planning commission, or, if such layout is within a city or borough, a certificate signed by the mayor of such city or the warden of such borough or by a majority of the planning commission, as the case may be, that such new layout has been approved by such selectmen or common council or warden and burgesses or planning commission as herein provided.

      (c) If any highway has been laid out in violation of the provisions of this section, such highway shall be immediately closed by the first selectman of the town or, in the case of a city or borough, by the officer having charge of the highways in such city or borough, and shall be kept closed until such time as the grade, layout, location, width and improvement of such highway have received the approval herein provided for. The first selectman of a town, or officer having in charge the highways in a city or borough, who fails to comply with the requirements of this section concerning the closing of such new highways as have not been approved as herein provided shall be fined not more than twenty-five dollars.

      (1949 Rev., S. 2141; 1958 Rev., S. 13-25; 1959, P.A. 329; 1963, P.A. 226, S. 71.)

      History: 1959 act made minimum width of highway in Subsec. (a) fifty feet instead of three rods and added requirement that approval of planning commission be obtained where one exists; 1963 act replaced previous provisions: See title history.

      Constitutionality. 95 C. 365. Requirements must be complied with; bond given to secure performance of agreement not made in accordance with terms of this statute unenforceable. 106 C. 40. Fact that original owner of tract may have violated this statute in layout and map of proposed street does not destroy right of grantee to use street referred to in deed. 112 C. 557. Cited. 120 C. 210. Approval of selectmen under this section does not constitute an acceptance of such street as a public highway. Dicta. 146 C. 474. History of section. Not possible to circumvent these requirements by claim of common law dedication. 159 C. 107.

      Sec. 13a-72. Alteration or relocation of highway for dam construction. Any person or corporation engaged in constructing, raising or operating a dam for milling, manufacturing or power purposes, which dam will flood or cause to be flooded any highway, may alter or relocate so much of such highway as may be advisable or necessary, upon such terms and conditions as are agreed upon by such person or corporation and the party or parties liable to maintain the same, which agreement shall be in writing and shall be recorded in the town clerk's office in the town or towns where such highway or any portion thereof so to be altered or relocated is situated, and shall be sufficient authority for the person or corporation constructing, raising or operating such dam to continue the construction, raising or operation thereof and to flood such highway so to be altered or relocated. If the above parties fail to agree upon the alteration or relocation of any such highway or any portion thereof, the person or corporation constructing, raising or operating such dam may prefer a complaint against such other party or parties to the superior court for any judicial district wherein any portion of such highway is located or to any judge of the Superior Court for permission to continue to construct, raise or operate such dam and for the alteration or relocation of such highway or any portion thereof. Said court or such judge may grant such person or corporation such permission and order the alteration or relocation of such highway or any portion thereof, upon payment to the party or parties liable to maintain such highway of such damages as said court or such judge may adjudge or on such person or corporation complying with such other terms as said court or such judge may order. On such person or corporation paying such damages or giving bond with surety to the satisfaction of said court or such judge that such person or corporation will comply with such terms, the flooding of such highway by means of such dam shall not be deemed a common nuisance.

      (1949 Rev., S. 2135; 1958 Rev., S. 13-19; 1963, P.A. 226, S. 72; 1971, P.A. 870, S. 33; P.A. 76-436, S. 336, 681; P.A. 78-280, S. 1, 127.)

      History: 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 matters deemed transferable; 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.

      See Sec. 13a-54 re abandonment of highway for construction of dam.

      See Sec. 52-446 re procedure for flowage petitions.

      This statute is constitutional. 95 C. 95.

PART IV*
LAND ACQUISITION AND DISPOSAL

      Sec. 13a-73. Acquisition of real property. (a) Real property defined. "Real property", as used in this section, includes land and buildings and any estate, interest or right in land.

      (b) Condemnation of land for state highway or highway maintenance storage area or garage. The commissioner may take any land he finds necessary for the layout, alteration, extension, widening, change of grade or other improvement of any state highway or for a highway maintenance storage area or garage and the owner of such land shall be paid by the state for all damages, and the state shall receive from such owner the amount or value of all benefits, resulting from such taking, layout, alteration, extension, widening, change of grade or other improvement. The use of any site acquired for highway maintenance storage area or garage purposes by condemnation shall conform to any zoning ordinance or development plan in effect for the area in which such site is located, provided the commissioner may be granted any variance or spec