CHAPTER 835*
EMINENT DOMAIN

      *See note to Conn. Const., Art. 1, Sec. 11.

      Power of eminent domain distinguished from police power of the state. 146 C. 650.

      The delegation by the legislature of the power of eminent domain is limited by its express terms or by clear implication from the language used. 20 CS 422.


Table of Contents

Sec. 48-1. United States; ceding jurisdiction to.
Sec. 48-2. When counties may take land.
Sec. 48-3. Town may take land for town house or town hall.
Sec. 48-4. Taking land for school purposes; exception.
Sec. 48-5. Powers of towns in taking land for school purposes.
Sec. 48-6. Time limits for municipal corporations to take real property. Taking of property in neighborhood revitalization zones.
Sec. 48-7. Town, borough or fire district may condemn land for square, common or park.
Sec. 48-8. Town may condemn land for records building.
Sec. 48-9. Condemnation of land and water for state institutions and courthouses.
Sec. 48-10. Damages to be determined by state referee.
Sec. 48-11. Deposit in court pending determination of amount to be paid.
Sec. 48-12. Procedure for condemning land.
Sec. 48-13. Inspection and testing prior to condemnation.
Sec. 48-14. Value of crops included in damage computation.
Sec. 48-14a. Apportionment of taxes.
Sec. 48-15. Valuation of flood-damaged property.
Sec. 48-16. Possession of property pending condemnation proceedings.
Sec. 48-17. Payment for property taken by condemnation by the state.
Sec. 48-17a. Reimbursement of owner for costs, disbursements and expenses on failure or abandonment of condemnation proceeding.
Sec. 48-17b. Inverse condemnation. Plaintiff's award.
Sec. 48-17c. Payment of award.
Sec. 48-17d. Environmental remediation costs.
Sec. 48-18. Mode of taking land to enlarge cemetery.
Sec. 48-19. Unclaimed damages for land taken for railroad or other public use to be kept by State Treasurer for owner.
Sec. 48-20. Condemnation of land of incapable person.
Sec. 48-21. Notice to encumbrancers of land taken for public use. Payments to encumbrancers. Disputes as to amount due.
Sec. 48-22. Joint assessments for particular and remainder estates.
Sec. 48-23. Obtaining possession of land acquired by eminent domain.
Sec. 48-24. Condemning authority to obtain zoning variance for portion of property not taken or take entire unit.
Sec. 48-25. Installment payment of awards or sale price.
Sec. 48-26. Condemnor to pay appraisal fees and fees of experts, when.
Sec. 48-27. State referee approval of certain negotiated condemnations.
Secs. 48-28 and 48-29.
Sec. 48-30. Misrepresentation of power to acquire property by eminent domain. Unfair or deceptive trade practice.
Secs. 48-31 to 48-49.
Secs. 48-50 to 48-57. Office of Ombudsman for Property Rights established; duties. Ombudsman for Property Rights; appointment; qualifications. Requests to mediate eminent domain or relocation assistance disputes filed with Office of Ombudsman for Property Rights; regulations; motion in Superior Court to stay related action. Duties of public agencies re requests from Office of Ombudsman for Property Rights. Employment and compensation restrictions for employees of Office of Ombudsman for Property Rights. Ombudsman for Property Rights authorized to apply for and accept grants, gifts and bequests on behalf of office. Ombudsman for Property Rights account. Duties of public agency seeking to acquire property by eminent domain; Ombudsman for Property Rights to prescribe form of information.

PART I
GENERAL PROVISIONS

      Sec. 48-1. United States; ceding jurisdiction to. (a) The consent of the state of Connecticut is given, in accordance with the seventeenth clause, eighth section, of the first article of the Constitution of the United States, to the acquisition by the United States, by purchase, condemnation or otherwise, of any land in this state required for customhouses, courthouses, post offices, arsenals or other public buildings or for any other purposes of the government. Exclusive jurisdiction in and over any land so acquired by the United States is ceded to the United States for all purposes except the service of all civil and criminal process of the courts of this state and as provided in subsection (b) of this section; but the jurisdiction so ceded shall continue no longer than the United States owns such land. The jurisdiction ceded shall not vest until the United States has acquired the title to such lands by purchase, condemnation or otherwise; and, so long as such lands remain the property of the United States when acquired as aforesaid, the same shall be exempt from all state, county and municipal taxation, assessment or other charges.

      (b) The Governor may accept from the appropriate federal authority on behalf of the state retrocession of full or partial jurisdiction over any land provided for in subsection (a) of this section. Documents concerning such retrocession shall be filed in the office of the Secretary of the State and recorded in a like manner as the original land acquisition by the United States.

      (1949 Rev., S. 7172; P.A. 75-46; P.A. 83-587, S. 57, 96.)

      History: P.A. 75-46 added Subsec. (b) re governor's acceptance of retrocession of jurisdiction over land from federal authority; P.A. 83-587 made a technical amendment to Subsec. (b).

      Constitutionality of such a provision. 75 C. 319. Cited. 170 C. 344.

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      Sec. 48-2. When counties may take land. Section 48-2 is repealed.

      (1949 Rev., S. 7173; 1959, P.A. 152, S. 99.)

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      Sec. 48-3. Town may take land for town house or town hall. Any town may take land which has been fixed upon as a site, or addition to a site, of a town house or a town hall, and which is necessary or convenient for such purposes and for necessary outbuildings and convenient accommodations for the same, and for light and air for the same, upon paying to the owner just compensation.

      (1949 Rev., S. 7174.)

      Cited. 109 C. 632.

      Cited. 9 CS 486. Cited. 20 CS 422.


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      Sec. 48-4. Taking land for school purposes; exception. Section 48-4 is repealed.

      (1949 Rev., S. 7175; 1967, P.A. 720, S. 2.)

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      Sec. 48-5. Powers of towns in taking land for school purposes. Towns shall have the same powers and be subject to the same regulations as school districts, in taking land for schoolhouses and other school purposes.

      (1949 Rev., S. 7176.)

      Cited. 138 C. 88. Cited. 148 C. 47. Town could delegate its power to condemn to the board of education after complying with section 10-241a. 168 C. 135.

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      Sec. 48-6. Time limits for municipal corporations to take real property. Taking of property in neighborhood revitalization zones. (a) Any municipal corporation having the right to purchase real property for its municipal purposes which has, in accordance with its charter or the general statutes, voted to purchase the same shall have power to take or acquire such real property, within the corporate limits of such municipal corporation, and if such municipal corporation cannot agree with any owner upon the amount to be paid for any real property thus taken, it shall proceed in the manner provided by section 48-12 within six months after such vote or such vote shall be void.

      (b) In the case of acquisition by a redevelopment agency of real property located in a redevelopment area, except as provided in sections 8-127a, 8-193 and 32-224, the time for acquisition may be extended by the legislative body upon request of the redevelopment agency, provided the owner of the real property consents to such request.

      (c) In accordance with the policy established in section 7-603, any municipal corporation may take property which is located within the boundaries of a neighborhood revitalization zone identified in a strategic plan adopted pursuant to sections 7-601 and 7-602. The acquisition of such property shall proceed in the manner provided in sections 8-128 to 8-133, inclusive, and 48-12.

      (1949 Rev., S. 7179; 1959, P.A. 152, S. 64; 1961, P.A. 294; 1971, P.A. 198; P.A. 83-587, S. 58, 96; P.A. 91-398, S. 3, 7; P.A. 95-340, S. 5; P.A. 07-141, S. 20.)

      History: 1959 act deleted "concerning the condemnation of land for the site of county buildings" following reference to Sec. 48-12, county government having been abolished by the act; 1961 act added reference to powers conferred by the general statutes, imposed six-month deadline for taking action under Sec. 48-12 and specified that unless such action is taken the vote shall be void; 1971 act clarified six-month deadline for taking action by rephrasing provision; P.A. 83-587 made a technical amendment; P.A. 91-398 designated existing language as Subsec. (a), substituted the term "real property" for "real estate" in Subsec. (a) and added Subsec. (b) regarding acquisition by a redevelopment agency of real property located in a redevelopment area; P.A. 95-340 added Subsec. (c) re taking of property located within neighborhood revitalization zones; P.A. 07-141 amended Subsec. (b) to add "except as provided in sections 8-127a, 8-193 and 32-224", effective June 25, 2007, and applicable to property acquired on or after that date.

      Cited. 100 C. 411. Challenge of authority's decision must be by procedures under Sec. 48-12. 154 C. 446. Cited. 186 C. 229.

      Cited. 23 CA 554. Cited. 32 CA 611. Where referendum question stated that property proposed to be acquired by eminent domain by municipality for a school project would also be used for open space and general government, provisions of section requiring commencement of compensation process within six months of referendum apply. 103 CA 369.

      Establishment of an airport by a town is clearly one of its municipal purposes and proceedings to condemn for such are brought under 48-6 and 48-12. 9 CS 317. Cited. 20 CS 422.

      Subsec. (a):

      Six-month time limitation applies only to condemnation proceedings and not to voluntary sales. 94 CA 364.


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      Sec. 48-7. Town, borough or fire district may condemn land for square, common or park. When any town, borough or fire district votes to acquire any tract of land within its limits for the purpose of a public square, common or park, and cannot obtain such land by agreement with the owner thereof, it may take the same for such purpose in the manner provided by sections 48-3 and 48-12, provided no land occupied for church or cemetery purposes shall be taken under the provisions of this section.

      (1949 Rev., S. 7180.)

      Cited. 94 C. 582.

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      Sec. 48-8. Town may condemn land for records building. Whenever any town in lawful meeting has authorized the erection of a building for the protection of its records against fire, and the selectmen, or a committee appointed for the purpose, fail to agree upon a site for such building, or, having fixed upon a site, are unable to agree with the owner upon the amount of compensation to be paid to him, the selectmen may proceed to condemn such land in the manner provided in section 48-12; provided no town shall take for such purpose the land of any religious or ecclesiastical society, upon any part of which a church building has been erected, without the consent of such society.

      (1949 Rev., S. 7184.)

      Cited. 109 C. 632.

      Cited. 9 CS 486. Cited. 20 CS 422.


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      Sec. 48-9. Condemnation of land and water for state institutions and courthouses. Subject to the provisions of section 4b-23, the state may take land, or any interest or estate therein, for the site, or for any addition to the site, of any state institution or courthouse, or for any addition to the site of any institution under the jurisdiction of the Board of Trustees of the Connecticut State University System, vocational school or technical college or for the purposes of subsection (e) of section 22a-133m, and also may take water from any river, brook, spring or springs, pond or lake for the purpose of providing such supply of water as the convenience and necessity of such institution may require. The amount of damages for any such taking shall be determined in the manner provided by section 48-10.

      (1949 Rev., S. 7177; March, 1958, P.A. 12, S. 1; 1959, P.A. 411, S. 14; 1967, P.A. 420; P.A. 75-425, S. 44, 57; P.A. 83-587, S. 59, 96; P.A. 91-256, S. 67, 69; P.A. 93-428, S. 30, 39.)

      History: 1959 act referred to state colleges rather than to state "teachers" colleges; 1967 act authorized taking of land for courthouses; P.A. 75-425 specified that taking of land is "subject to the provisions of Sec. 4-26b"; P.A. 83-587 substituted reference to institutions governed by Connecticut State University board of trustees for "state colleges" in keeping with revision of higher education system pursuant to P.A. 82-83 and P.A. 82-218; P.A. 91-256 made a technical change; P.A. 93-428 authorized taking of land for purposes of Sec. 22a-133m, the urban sites remediation program of the department of environmental protection, effective July 1, 1993.

      Tuberculosis commission had authority to take land under this section. 109 C. 633. Cited. 116 C. 125. Cited. 124 C. 32.

      Cited. 9 CS 486. Cited. 20 CS 422.


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      Sec. 48-10. Damages to be determined by state referee. The determination of the amount of damages in any case brought by the state to condemn land or any interest therein shall be referred to a state referee.

      (1949 Rev., S. 7178.)

      This statute applicable in condemnation by state park and forest commission, and superseded statute prescribing different method of appraisal. 116 C. 119. In matter referred to state trial referee, Sec. 51-29, limiting time for decision, is inapplicable. 164 C. 360. Cited. 221 C. 736.

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      Sec. 48-11. Deposit in court pending determination of amount to be paid. Whenever the state takes property under any provision of the general statutes or any special act, and the state and the owner or owners of such property or of any interest therein are unable to agree on the amount to be paid as just compensation for such property, the taking authority shall file, with the clerk of the court to which a petition for the assessment of just damages has been preferred, a statement of the sum of money estimated by such authority to be just compensation for the property or interest therein taken. Such sum shall be deposited in said court to the use of the person or persons entitled thereto and notice of such deposit shall be given to such person or persons by such clerk. The court may require such person or persons to give bond to the state conditioned on the repayment to the state of so much of such deposit which may be withdrawn as exceeds the amount of compensation finally awarded. Interest shall not be allowed in any judgment on so much of such amount as had been deposited in said court. Upon the application of any such owner or owners, the court, after determining the equity of the applicant in such deposit, may order that the money so deposited, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in such proceeding. If the compensation finally awarded exceeds the total amount of money so deposited or received by any person or persons entitled thereto, the court shall enter judgment against the state for the amount of the deficiency.

      (November, 1955, S. N220; 1957, P.A. 384.)

      See Sec. 37-3c re calculation of interest in condemnation cases.

      Cited. 149 C. 210. Fair intent of section read with section 13a-73(b) (formerly section 13-145) is that landowner is not entitled to interest on any sum of money which has been deposited with court and is available to him; deposit has effect of tender and stops running of interest on amount available. Id., 214. Cited. 150 C. 524. Taxes assessed by city of Norwalk before date of condemnation are to be paid by owner of property as they are a lien she is obliged to satisfy. 155 C. 335. Highway commissioner after taking property of plaintiff could not amend his notice of condemnation and obtain a refund of part of deposit already paid over to condemnee. 156 C. 131. Where compensation finally awarded exceeded amount deposited in a state highway condemnation, interest was ordered paid by state to date of its payment of deficiency awarded by judgment. Id., 416. Cited. 221 C. 736.

      Cited. 11 CA 439.

      Condemnee continuing in occupation after deposit was made by highway commissioner became tenant at sufferance liable to pay reasonable value of such occupancy to state. 5 Conn. Cir. Ct. 107. Cited. 6 Conn. Cir. Ct. 97.


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      Sec. 48-12. Procedure for condemning land. The procedure for condemning land or other property for any of the purposes specified in sections 48-3, 48-6, 48-8 and 48-9, if those desiring to take such property cannot agree with the owner upon the amount to be paid him for any property thus taken, shall be as follows: The Comptroller in the name of the state, any town, municipal corporation or school district, or the trustees or directors of any state institution in the name of the state, shall proceed in the same manner specified for redevelopment agencies in accordance with sections 8-128, 8-129, 8-129a, 8-130, 8-131, 8-132, 8-132a and 8-133.

      (1949 Rev., S. 7181; 1959, P.A. 152, S. 65; 1961, P.A. 413; 1967, P.A. 808, S. 1; 1972, P.A. 294, S. 34.)

      History: 1959 act applied provisions to municipal corporations, deleted references to county commissioners and counties, county government having been abolished by the act, added reference to Sec. 48-6 and deleted reference to repealed Sec. 48-2; 1961 act authorized state referee to rule on condemnation of land; 1967 act deleted detailed provisions re procedure for condemnation of land, requiring instead that procedure shall be that "specified for redevelopment agencies in accordance with sections 8-128, 8-129, 8-130, 8-131, 8-132, 8-132a and 8-133"; 1972 act deleted reference to condemnation of land or property for purposes of Sec. 48-4, the section having been repealed.

      See Sec. 27-45 re state's authority to take land for purpose of locating permanent armories.

      Necessity of finding a failure to agree. 69 C. 438; 72 C. 492; 80 C. 38; 85 C. 604; 86 C. 658. Injunction to restrain taking of land till compensation is made. 70 C. 616; 82 C. 157. See note to Conn. Const., Art. 1, Sec 11. Interest on award. 72 C. 277; 75 C. 239; 82 C. 51; Id., 379; 84 C. 122; 85 C. 552; 95 C. 6, 9; 108 C. 370. When motion to dismiss application lies. 72 C. 692. Proceedings before appraisers and on report. 74 C. 452; 75 C. 237; 76 C. 565; 79 C. 526; Id., 606; 80 C. 38; 82 C. 460; 92 C. 32 ff. Appeal from appointment of appraisers. 75 C. 237; Id., 325; 78 C. 1; 85 C. 663. Judgment accepting report not to direct payment of damages when. 75 C. 239. Just compensation. Id., 239; 76 C. 435; 82 C. 378; Id., 460; 92 C. 33. When application may be made to judge. 85 C. 602. Power of legislature to delegate determination of necessity to subordinate bodies. 86 C. 157; 100 C. 411. Necessity means a reasonable necessity. 86 C. 361. Notice of application; should describe property with certainty. Id. 113 C. 655. Prayer for relief. 87 C. 199. All legal requirements must be complied with, and such compliance must appear on face of papers. 92 C. 435; 95 C. 3. Not necessary to include separate tracts of land in one petition if direct damage to one and consequential damage to the other. Id., 381, 382. What costs should be allowed. 100 C. 412. Assessment of damages by subdivision of municipality; limited scope of this section. Id., 606; Id., 408; 109 C. 632. Interest runs from time land is actually appropriated, not from time condemnation proceedings are instituted. 108 C. 370. Cited. 116 C. 124; 124 C. 32; 137 C. 443. Inability to agree is a condition precedent to relief under the statute. 138 C. 82. Cited Id., 372. Proper to consider existence of going business on land as indicative of highest economic use to which land may be put. 139 C. 73. Cited. 141 C. 135. Damage must be peculiar to land in connection with which it is claimed and not damage which is suffered by landowners in general. 145 C. 196. Cited. 146 C. 55. The question as to when a taking is complete is one of substantive law and depends upon the law of each state. 148 C. 47. Under this section the petitioner is not entitled to possession of the land before the amount of the judgment has been paid or deposited with the state treasurer unless permission has been granted under section 48-16 to enter into possession pending the condemnation proceedings. Id. Court found that where negotiations with one co-owner fail, there is no necessity for further negotiations with the owner. 151 C. 633. Cited. 153 C. 292. Adequate remedy at law is here provided; parties not entitled to seek injunction or other equitable relief. 154 C. 446. Eminent domain cases are referred to referees by special statutory provision, so consent of parties is not required. 164 C. 360. Court found six-month time period specified in Sec. 48-6 to apply and not the reasonableness time standard of Sec. 8-128 in case involving condemnation of land by a town. 256 C. 557.

      Cited. 23 CA 554. Cited. 32 CA 611.

      County commissioner must bring condemnation proceedings in the name of the county. 6 CS 142. Cited. 9 CS 317. Report of committee recommitted when it set forth the interest each party had in the property and made no finding of each in the award. Id., 484. This section expressly recognizes the right of a town to withdraw the proceedings even after possession of the property has been turned over. 16 CS 230. Condemnation proceedings can be instituted only by those on whom the requisite authority has been conferred by the legislature. Such authority is strictly construed in favor of the owner of the property taken and against the condemnor. A municipality does not have the power of eminent domain which is vested in a parking authority. 19 CS 47. See note to 48-6. Cited. 20 CS 422.


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      Sec. 48-13. Inspection and testing prior to condemnation. Upon filing a notice of condemnation of a condemning authority, either before or after the institution of a condemnation proceeding and after reasonable notice to the property owner or owners affected, the Superior Court or any judge thereof may authorize such condemning authority to enter upon and into land and buildings sought or proposed for public uses for the purpose of inspection, survey, borings and other tests. Such condemning authority shall be responsible to the owner or owners of such property for any damage or injury caused by such entrance and use, and such court or judge may require the filing of a bond or deposit of surety to indemnify the owner or owners of property for such damage. This section shall not limit or modify rights of entry upon private property otherwise provided for by law.

      (1955, S. 2968d; 1967, P.A. 808, S. 2; P.A. 76-436, S. 648, 681.)

      History: 1967 act substituted "filing a notice of condemnation" for "petition" of condemning authority; P.A. 76-436 deleted reference to court of common pleas' power to authorize condemning authority to enter land or buildings sought for public use for purpose of inspection, etc., effective July 1, 1978.

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      Sec. 48-14. Value of crops included in damage computation. When any land is taken in eminent domain proceedings authorized under any provision of the general statutes or any special act, the value of any crops upon the land subject to condemnation shall be taken into account in computing the damage.

      (1957, P.A. 659.)

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      Sec. 48-14a. Apportionment of taxes. When land is taken by eminent domain under the provisions of the general statutes or any special act, and local real estate taxes are apportioned by the condemnor as of the date of condemnation in a manner differing from the common custom, method or practice in the town where the land is located, and the condemnor's manner of apportionment causes the condemnee to bear a greater share of the local property taxes than would be borne by the condemnation and taxes had been adjusted according to the common custom, method or practice in the town where the land is located, that sum which is the difference between the condemnor's computation of the condemnee's share of said taxes and the computation of said taxes as made according to said common custom, method or practice shall be an element of damages in computing just compensation to the condemnee.

      (1969, P.A. 253.)

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      Sec. 48-15. Valuation of flood-damaged property. Whenever any state department or agency had, prior to August 19, 1955, determined upon private property to be condemned for purposes of such department or agency and had filed with any officer of the municipality within which such property was located maps or planning map sheets indicating such property, which property subsequently suffered flood damage, such property shall, in any condemnation proceeding, be valued at not less than the fair market value of such property as of August 18, 1955, provided, in any case where the owner of any such property has received from any public or private agency reimbursement in whole or in part for damage to such property, the amount of such reimbursement shall be deducted from the amount of damages otherwise payable under the provisions of this section.

      (November, 1955, S. N219.)

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      Sec. 48-16. Possession of property pending condemnation proceedings. Section 48-16 is repealed.

      (1949 Rev., S. 7182; 1967, P.A. 808, S. 3.)

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      Sec. 48-17. Payment for property taken by condemnation by the state. Any amount found due from the state for property taken by condemnation proceedings, as provided in section 48-12, shall be paid upon order of the Comptroller from the General Fund of the state.

      (1949 Rev., S. 7183.)

      History: (Revisor's note: In 1997 the words "General Funds" were replaced editorially by the Revisors with "General Fund" for statutory consistency).

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      Sec. 48-17a. Reimbursement of owner for costs, disbursements and expenses on failure or abandonment of condemnation proceeding. The state court having jurisdiction of a proceeding instituted by a state agency to acquire real property by condemnation shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings, if (1) the final judgment is that the state agency cannot acquire the real property by condemnation; or (2) the proceeding is abandoned by the state.

      (1971, P.A. 518, S. 1.)

      Cited. 169 C. 195.

      Cited. 3 CA 329.


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      Sec. 48-17b. Inverse condemnation. Plaintiff's award. The state court rendering a judgment for the plaintiff in an inverse condemnation proceeding brought against the state by the owner of real property, or the Attorney General effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.

      (1971, P.A. 518, S. 2.)

      If there was no taking in the constitutional sense, the plaintiff has no right of direct action against the defendants and consequently, it was not entitled to any damages for inverse condemnation proceedings as contemplated by this section. 169 C. 195. Provisions for damages for inverse condemnation proceedings. Id., 195. Cited. Id., 247. Cited. 180 C. 11. Cited. 187 C. 171. Cited. 236 C. 710.

      Cited. 3 CA 329. Section applies to a redevelopment agency under Ch. 130 because it is an agent of the state. 51 CA 262.


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      Sec. 48-17c. Payment of award. Any award made pursuant to section 48-17a or 48-17b shall be paid by the head of the state agency for whose benefit the condemnation proceedings was instituted.

      (1971, P.A. 518, S. 3.)

      Cited. 169 C. 195; Id., 195.

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      Sec. 48-17d. Environmental remediation costs. In all condemnation proceedings, environmental remediation costs shall be considered in assessing fair market value.

      (P.A. 01-75, S. 2, 3.)

      History: P.A. 01-75 effective June 6, 2001.

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      Sec. 48-18. Mode of taking land to enlarge cemetery. The owner of any cemetery who wishes to enlarge its limits by adding land, the title to which he cannot otherwise acquire, may prefer a complaint for the right to take the same to the superior court for the judicial district in which such land is situated; and said court may appoint a committee of three disinterested persons, who, after examining the premises and hearing the parties, shall report to the court as to the necessity and propriety of such enlargement and as to the quantity, boundaries and value of the land which they deem proper to be taken for that purpose and the damages resulting from the taking. If such committee reports that such enlargement is necessary and proper and the court accepts such report, the decision of such court thereon shall have the effect of a judgment and execution may be issued thereon accordingly, in favor of the person to whom damages may be assessed, for the amount thereof; and, on payment thereof, the title to the land for such purpose shall be vested in the complainant, but such land shall not be taken until such damages are paid to such owner or deposited with the treasurer of the judicial district, for his use, which shall be done within thirty days after such report is accepted. If such application is denied, the owner of the land shall recover costs of the applicant, to be taxed by such court, which may issue execution therefor. Land so taken shall be held by the owner of such cemetery as a public burying ground for public use.

      (1949 Rev., S. 7185; P.A. 78-280, S. 2, 127.)

      History: P.A. 78-280 replaced "county" with "judicial district".

      Such an act is valid; one association may be authorized to take land of another. 77 C. 85; 87 C. 428. The right of eminent domain is specifically given to the owner of any cemetery. 168 C. 447. Cited. 180 C. 680.

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      Sec. 48-19. Unclaimed damages for land taken for railroad or other public use to be kept by State Treasurer for owner. When land is taken for railroad purposes or for any other use public in its character and the amount found due by the court as damages for taking such land is deposited with the State Treasurer for the use of the owner of the land so taken, the State Treasurer shall keep such deposit for the persons owning the same, their heirs and assigns, subject to and in accordance with the provisions of part III of chapter 32.

      (1949 Rev., S. 7186; 1959, P.A. 152, S. 90; 1961, P.A. 540, S. 27.)

      History: 1959 act removed references to deposits held by county treasurer and, after three years during which deposit remains unclaimed, paid over to state treasurer, the act having abolished county government; 1961 act specified that state treasurer is to keep deposit "subject to and in accordance with the provisions of part III of chapter 32".

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      Sec. 48-20. Condemnation of land of incapable person. Whenever any public or private corporation, authorized by law to condemn land for a public use, proceeds to condemn the lands of any infant, cestui que trust or person non compos mentis, such lands may be taken on giving notice to the trustee of any such cestui que trust, the guardian, legally appointed, of such infant or the conservator of such person non compos mentis, who may release all claims for damages for land so taken, as fully as if the same were held in his own right.

      (1949 Rev., S. 7187.)

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      Sec. 48-21. Notice to encumbrancers of land taken for public use. Payments to encumbrancers. Disputes as to amount due. In any proceeding brought under the provisions of subsection (b) or (e) of section 13a-73 or section 13a-74, 13a-76, 13a-77, 13a-78 or section 19a-645 or subsection (a), (b) or (c) of section 32-658 or sections 32-659 to 32-663, inclusive, notice shall be given to all persons appearing of record as holders of any mortgage, lien or other encumbrance on any real estate or interest therein which is to be taken by right of eminent domain or by condemnation proceedings, in the same manner as notice is required to be given to the owner of such property; and the amount due any such mortgagee, lienor or other encumbrancer, not exceeding the amount to be paid for such property, shall be paid to him according to priority of claims, before any sum is paid to any owner of such property. In case of dispute as to the amount due any such mortgagee, lienor or other encumbrancer, the money may be deposited with the clerk of the superior court for the judicial district in which such property is situated, and anyone claiming an interest in the same may bring suit therefor, making all others claiming interest in the fund defendants, and the court may determine the rights in the fund of all parties to such suit, and may tax costs according to the rules of equity.

      (1949 Rev., S. 7188; February, 1965, P.A. 574, S. 35; 1967, P.A. 808, S. 4; P.A. 73-582, S. 2; P.A. 78-280, S. 2, 127; Sept. Sp. Sess. P.A. 93-1, S. 15, 35; Dec. Sp. Sess. P.A. 98-1, S. 36, 43; P.A. 99-241, S. 59, 66; P.A. 00-140, S. 27, 40.)

      History: 1965 act updated list of applicable sections, substituting Secs. 13a-73, 13a-74, 13a-76, 13a-77 and 13a-78 for Secs. 13-107, 13-145, 13-146 and 13-150; 1967 act changed wording slightly but made no substantive changes; P.A. 73-582 added reference to Sec. 19-73t; P.A. 78-280 substituted "judicial district" for "county"; Sept. Sp. Sess. P.A. 93-1 added references to Subsec. (a), (b) and (c) of Sec. 32-387 and Secs. 32-388 to 32-391, inclusive, effective September 28, 1993; Dec. Sp. Sess. P.A. 98-1 deleted references to repealed Secs. 32-387 to 32-391, inclusive, and substituted references to Secs. 32-635 to 32-640, inclusive, effective January 12, 1999; P.A. 99-241 deleted references to Secs. 32-635 and 32-636 to 32-640 and substituted references to Secs. 32-659 and 32-660 to 32-664, effective July 1, 1999; P.A. 00-140 revised statutory references consistent with changes in said act, effective May 2, 2000.

      Respective rights of mortgagees to award after tax foreclosure. 115 C. 428. Where payment made to owner in disregard of rights of encumbrancer, owner is primarily liable, and city secondarily. 116 C. 601. Committee appointed under plaintiff corporation's charter could not pass on claims of any persons other than the owners. 124 C. 445. Depreciation in property because of housing project in area not a compensable interest. 145 C. 196. Cited. 149 C. 205. Cited. 153 C. 377. Where plaintiffs' lien on premises now in condemnation proceeding was limited by the mortgage agreement to sixty thousand dollars, the mortgagees had a prior lien on the condemnation fund only to that amount. 154 C. 600. Taxes assessed by municipality are lien from date of assessment to be paid by condemnee before state pays condemnation award. 155 C. 335. Cited. 161 C. 59. Cited. 175 C. 243.

      Cited. 34 CS 194.


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      Sec. 48-22. Joint assessments for particular and remainder estates. Any court before which or judge before whom proceedings are pending for the taking of any real estate for public purposes and for the ascertainment of the compensation for such taking or for damages done to such real estate by public improvements, on finding that such real estate is subject to an estate for life or years in one or more persons or corporations, with remainder, reversion or executory devise, to another or others, may, if in its or his opinion the rights of all parties would be better protected than by assessing each interest separately, assess the compensation or damage for the entire title to the real estate, and order that the income during the term for which the particular estate was limited shall belong to the tenant for life or years, subject to any rent, charge or payment to which such estate for life or years was subject, and the obligation to make which still continues, and that, at the expiration of such term, the principal sum shall belong to the remainderman, reversioner or executory devisee. When such remainder, reversion or executory devise is contingent, so that it is not certain in whom the same will ultimately vest, said court or such judge shall make such order in regard to the ultimate payment of such compensation as shall preserve to all parties, as nearly as possible, the same rights which they would have had in the real estate. Upon application of the plaintiff in such condemnation proceedings, or of any party in interest, the court of probate in the district in which the real estate is situated shall appoint a trustee to hold such compensation or damage and carry out the order of said court or such judge, and shall require a sufficient bond from such trustee for the faithful performance of the duties of such trust, and such trustee shall render accounts as provided in section 45a-177. If it appears that any of the parties in interest are minors or are not yet ascertained, the court or judge by which such order is made shall, before rendering judgment in such proceedings in eminent domain, order and require the plaintiff to procure the appointment of such trustee. When such real estate is subject to a lease under which rent is reserved to the lessor or any other person, if the taking of or damage done to such real estate destroys its value for the purpose for which it was leased, such court may adjudge such lease to be cancelled and the obligation to pay such rent to be terminated by such taking or damage, and shall ascertain the damage to all parties in interest on the basis of such cancellation.

      (1949 Rev., S. 7189.)

      Applies only where judge either himself or by committee determines compensation. 79 C. 534. Award does not ordinarily determine title to land. Id., 606. Cited. 149 C. 205.

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      Sec. 48-23. Obtaining possession of land acquired by eminent domain. When, under the provisions of any statute authorizing the condemnation of land in the exercise of the right of eminent domain, an appraisal of damages has been returned to the clerk of the Superior Court, as provided by law, and when the amount of appraisal has been paid or secured to be paid or deposited with the State Treasurer, as provided by law, any judge of the Superior Court may, upon application and proof of such payment or deposit, order such clerk to issue an execution commanding a state marshal to put the parties entitled thereto into peaceable possession of the land so condemned.

      (1949 Rev., S. 7190; 1961, P.A. 517, S. 115; P.A. 00-99, S. 98, 154.)

      History: 1961 act referred to amount of appraisal paid or deposited with state treasurer, rather than with county treasurer, county government having been abolished in 1959; P.A. 00-99 replaced reference to sheriff of the county with state marshal, effective December 1, 2000.

      Cited. 139 C. 200. There is merit to contention of plaintiff town that defendant condemnee holding possession of condemned land after title had passed to highway commissioner condemnor had become a tenant by sufferance of commissioner and was a tenant within meaning of section 52-549. 159 C. 64.

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      Sec. 48-24. Condemning authority to obtain zoning variance for portion of property not taken or take entire unit. A condemning authority, if acquiring less than the total amount of a single unit of contiguous property, shall, if the remaining portion of such property does not conform to the area requirements of existing zoning regulations, obtain a zoning variance for such remaining portion of property from the local zoning board of appeals before condemning any portion of such property. If such variance is not obtained prior to the taking by the condemning authority, the owner or owners of such single unit of contiguous property shall be reimbursed for the total amount of such unit and the condemning authority shall take title in fee simple to the entire unit of contiguous property.

      (1961, P.A. 387; 1963, P.A. 79; 1971, P.A. 208, S. 1.)

      History: 1963 act specified that condemning authority takes title in fee simple to entire unit of contiguous property where variance is not obtained before condemning authority takes occupancy; 1971 act required that variance be obtained for portion of property not to be taken before any of the property is condemned rather than before any of the property is occupied.

      Cited. 168 C. 194. Cited. 169 C. 195. Interpretation of "area requirements" in this section. Id., 195. Cited. 174 C. 323. Cited. 203 C. 675.

      Setback violation does not trigger statute, only an area violation does. 46 CS 355.


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      Sec. 48-25. Installment payment of awards or sale price. When any property is taken in eminent domain proceedings under the authority of any general statute or special act or is voluntarily sold to any purchaser having such eminent domain power, the owner or owners of the equity in such property may elect, in writing, to accept payment of any damages finally determined as payable to such owner or owners, or of the sale price mutually agreed upon, in annual installments over such period as the owner or owners and the taker or purchaser may determine, provided such damages or sale price exceeds three thousand dollars and provided no interest shall be payable on the unpaid balance of any such damages or sale price. The taker or purchaser of such property shall execute a statement of indebtedness setting forth the time for payment which shall bear no interest to such owner or owners as evidence of its indebtedness.

      (1961, P.A. 290.)

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      Sec. 48-26. Condemnor to pay appraisal fees and fees of experts, when. Whenever, in the exercise of the power of eminent domain by any public or private corporation, the award of compensation, damages or benefits by any court exceeds the amount of compensation, damages or benefits last offered by such public or private corporation prior to, upon, or by the commencement of such condemnation proceeding, whether by assessment of damages and benefits, statement of compensation, or otherwise, the court may order the condemnor to pay the reasonable appraisal fees and reasonable fees for expert testimony incurred by the property owner in connection with such proceeding.

      (1967, P.A. 736.)

      Cited. 236 C. 710.

      Cited. 3 CA 329.


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      Sec. 48-27. State referee approval of certain negotiated condemnations. All proposed payments in excess of fifteen thousand dollars for real property obtained by the state for nonhighway purposes shall require state referee approval under the procedure provided in section 13a-74.

      (1971, P.A. 723.)

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      Secs. 48-28 and 48-29. Reserved for future use.

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PART Ia
MISREPRESENTATION OF EMINENT DOMAIN POWER

      Sec. 48-30. Misrepresentation of power to acquire property by eminent domain. Unfair or deceptive trade practice. (a) No person who negotiates the acquisition of real property may represent in such negotiation that the person has the power to acquire the property by eminent domain unless the person is an appointed or elected official of a public agency, as defined in section 1-200, that has such power.

      (b) Any violation of subsection (a) of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.

      (P.A. 07-141, S. 17.)

      History: P.A. 07-141 effective June 25, 2007.

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      Secs. 48-31 to 48-49. Reserved for future use.

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PART II
OMBUDSMAN FOR PROPERTY RIGHTS

      Secs. 48-50 to 48-57. Office of Ombudsman for Property Rights established; duties. Ombudsman for Property Rights; appointment; qualifications. Requests to mediate eminent domain or relocation assistance disputes filed with Office of Ombudsman for Property Rights; regulations; motion in Superior Court to stay related action. Duties of public agencies re requests from Office of Ombudsman for Property Rights. Employment and compensation restrictions for employees of Office of Ombudsman for Property Rights. Ombudsman for Property Rights authorized to apply for and accept grants, gifts and bequests on behalf of office. Ombudsman for Property Rights account. Duties of public agency seeking to acquire property by eminent domain; Ombudsman for Property Rights to prescribe form of information. Sections 48-50 to 48-57, inclusive, are repealed, effective October 5, 2009.

      (P.A. 06-187, S. 3-10; P.A. 07-141, S. 22; Sept. Sp. Sess. P.A. 09-7, S. 190.)

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