House Bill No. 5328
               House Bill No. 5328

              PUBLIC ACT NO. 96-249

AN ACT CONCERNING  THE  LAND  BANK  AND LAND TRUST
PROGRAM,  THE CONVEYANCE  OF  CERTAIN  PARCELS  OF
STATE LAND AND ADVERSE POSSESSION.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  8-214d  of  the  general
statutes, as amended  by  section  1 of public act
95-250 and section  4  of  public  act  95-296, is
repealed and the  following is substituted in lieu
thereof:
    (a) The state, acting by and in the discretion
of  the Commissioner  of  Economic  and  Community
Development,  may  contract   with   a   nonprofit
corporation for state  financial assistance in the
form of a  state  grant-in-aid,  loan  or deferred
loan  to  such   corporation  on  such  terms  and
conditions as the commissioner may prescribe. Such
grant-in-aid, loan or  deferred loan shall be used
by such corporation  to  acquire,  hold and manage
real property for  the  purpose  of  providing for
existing and future housing needs of very low, low
and moderate income  families.  In  the  case of a
deferred loan, the  contract  shall  require  that
payments on interest  are  due  currently but that
payments on principal may be made at a later time.
The  commissioner  may  prescribe  the  terms  and
conditions by which  real  property acquired under
this section shall be either held for the existing
and future housing  needs  of  very  low,  low and
moderate income families  or placed in a community
land trust, except that such terms and conditions,
in the discretion of the commissioner and with the
approval of the  State  Bond  Commission,  may  be
subordinated in the  case  of  a  subsequent first
mortgage  or  a   requirement  of  a  governmental
program relating to  such real property. Ancillary
housing-related services may  be  located  on such
real property. The  commissioner shall give notice
of an application  for  financial assistance under
this  section which  would  complete  a  partially
constructed  housing  development   to  the  chief
executive official of  the  municipality  in which
the  real  property   is   located.   A  nonprofit
corporation holding title  to  such real property,
with or without  structures,  may  lease such real
property to very  low,  low  and  moderate  income
families,  limited equity  cooperatives  or  other
corporations, provided that  the terms of any such
lease shall require  that  such  real  property be
developed  and used  solely  for  the  purpose  of
housing for very  low,  low  and  moderate  income
families.  The  lessee   may  hold  title  to  any
building or improvement  situated on real property
acquired with financial assistance made under this
section,   provided  the   nonprofit   corporation
holding title to  such  real  property  shall have
first  option  to   purchase   any   building   or
improvement that the lessee may place on such real
property at a below-market price set forth in such
lease. The legitimate  heirs  of  any  such lessee
shall have the  right  under  such lease to assume
the lease upon  the  death  of  such lessee if the
lessee is a natural person and if such heirs agree
to  make  the   leased  premises  their  principal
residence.
    (b) A nonprofit  corporation  holding title to
real  property  acquired   with   state  financial
assistance  made under  this  section  may  convey
title to structures and improvements situated upon
such real property  to  very low, low and moderate
income families, limited  equity  cooperatives  or
other corporations, provided  (1)  the  terms  and
conditions of any  instrument conveying such title
requires that such  structures and improvements be
developed  and used  solely  for  the  purpose  of
housing  for very  low,  low  or  moderate  income
families, except that  such  terms and conditions,
in the discretion of the commissioner and with the
approval of the  State  Bond  Commission,  may  be
subordinated in the  case  of  a  subsequent first
mortgage  or  a   requirement  of  a  governmental
program relating to  such  real  property, (2) the
nonprofit corporation retains  title  to  the real
property   upon   which    such   structures   and
improvements are situated,  and  (3) the nonprofit
corporation shall have  first  option  to purchase
any structures and  improvements  transferred at a
below-market price agreed  to  at the time of such
transfer. A nonprofit corporation holding title to
real  property  acquired   with   state  financial
assistance made under  this  section  for  which a
declaration  of condominium  has  been  filed  may
transfer the units  in  such  condominium  to very
low, low or moderate income families in accordance
with chapter 828,  subject  to  deed restrictions,
acceptable to the commissioner, requiring that the
units be used  solely  for  the purpose of housing
for very low,  low  and  moderate income families,
provided  the  nonprofit  corporation  shall  have
first  option  to   purchase   the   unit   at   a
below-market  price  agreed  to  at  the  time  of
acquisition of the unit by the family.
    (c) A nonprofit  corporation  existing  on  or
after October 1,  1991,  and holding title to real
property acquired with  state financial assistance
made under this  section  may convey title to such
real   property,  with   the   approval   of   the
commissioner,   to   a    community   land   trust
corporation. A nonprofit corporation holding title
to real property  which  has  been  acquired  with
state financial assistance  under this section for
the existing and  future needs of very low, low or
moderate income families,  may,  with the approval
of the commissioner,  convey  title  to  such real
property to another nonprofit corporation.
    (d) A nonprofit  corporation  existing  on  or
after October 1,  1991,  and holding title to real
property acquired with  state financial assistance
made  under this  section,  may  lease  such  real
property, with the  approval  of the commissioner,
to a partnership,  as defined in section 34-44, or
a limited partnership, as defined in section 34-9,
provided the nonprofit  corporation has a material
role in such  partnership  or limited partnership.
The terms of  any  such  lease  shall require that
such real property  be  developed  and used solely
for the purpose  of  housing for very low, low and
moderate  income families.  The  lessee  may  hold
title to any  building  or improvement situated on
real property acquired  with  financial assistance
made under this  section,  provided  the nonprofit
corporation holding title  to  such  real property
shall have first  option  to purchase any building
or improvement that  the  lessee may place on such
real property at a below-market price set forth in
the lease.
    (e)  IF  A   NONPROFIT  CORPORATION  FAILS  TO
DEVELOP  THE  PROJECT   IN   ACCORDANCE  WITH  THE
DEVELOPMENT PLAN FOR  THE PROJECT AND TITLE TO THE
LAND OR INTERESTS  IN  LAND  ACQUIRED  WITH  STATE
FINANCIAL ASSISTANCE UNDER  THIS  SECTION VESTS IN
THE  STATE  PURSUANT  TO  A  DEFAULT,  FORECLOSURE
ACTION,  DEED-IN-LIEU  OF  FORECLOSURE,  VOLUNTARY
TRANSFER, OR OTHER SIMILAR VOLUNTARY OR COMPULSORY
ACTION, THE COMMISSIONER MAY, UPON APPROVAL OF THE
STATE  BOND  COMMISSION,   CONVEY   SUCH  LAND  OR
INTERESTS IN LAND TO THE MUNICIPALITY IN WHICH THE
LAND  OR  INTERESTS   IN   LAND  IS  LOCATED.  THE
MUNICIPALITY SHALL USE  THE  LAND  OR INTERESTS IN
LAND, OR SHALL CAUSE THE LAND OR INTERESTS IN LAND
TO BE USED FOR, OR IN CONJUNCTION WITH, ACTIVITIES
RELATED   TO,   OR   SIMILAR   TO,   ANY   PROGRAM
ADMINISTERED BY THE COMMISSIONER PURSUANT TO STATE
OR FEDERAL LAW.
    [(e)] (f) The  Commissioner  of  Economic  and
Community Development shall  adopt regulations, in
accordance  with chapter  54,  to  carry  out  the
purposes of sections  8-214b to 8-214e, inclusive,
AS  AMENDED.  Such   regulations   shall  include,
without  limitation,  provisions   concerning  the
terms and conditions  of such grants-in-aid, loans
or deferred loans  and the conditions for approval
of  the  articles   of   incorporation   or  basic
documents   of   organization   of   a   nonprofit
corporation  applying for  assistance  under  said
sections.
    [(f)]   (g)   As   used   in   this   section,
housing-related services and  facilities  includes
but is not  limited to, administrative, community,
health, recreational, educational  and  child-care
facilities  relevant  to   an  affordable  housing
development, as defined  by  the  commissioner  in
regulations adopted in accordance with chapter 54.
    Sec. 2. (a)  Notwithstanding  any provision of
the  general  statutes   to   the   contrary,  the
Commissioner of Public  Safety shall convey to the
town of Brookfield, subject to the approval of the
State Properties Review  Board  and  for a cost of
one dollar, the parcel of land located at 76 Tower
Road in the  town of Brookfield, which has an area
of approximately 0.52 acre.
    (b) The town  of  Brookfield  shall  use  said
parcel of land  for  open  space  purposes. If the
town of Brookfield  (1)  does  not use said parcel
for said purposes,  (2)  does not retain ownership
of all of  said  parcel  or  (3) leases all or any
portion of said parcel, the parcel shall revert to
the state of Connecticut.
    (c) The State  Properties  Review  Board shall
complete its review  of  the  conveyance  of  said
parcel of land not later than thirty days after it
receives a proposed  agreement from the Department
of Public Safety.  The land shall remain under the
care  and  control  of  said  department  until  a
conveyance  is  made   in   accordance   with  the
provisions of this  section.  The  State Treasurer
shall execute and  deliver  any deed or instrument
necessary for a  conveyance  under  this  section,
which deed or  instrument shall include provisions
to carry out  the  purposes  of  subsection (b) of
this  section,  and  the  Commissioner  of  Public
Safety shall have  the sole responsibility for all
other incidents of such conveyance.
    Sec. 3. (a)  Notwithstanding the provisions of
the general statutes or any special act or section
3 of public  act  88-267,  the Connecticut Housing
Authority shall convey  to  the Bloomfield Housing
Authority the following  properties:  (1) 54 Darby
Street,  Bloomfield  and   (2)   3   Dale  Avenue,
Bloomfield.  The  conveyance  of  such  properties
shall  be  subject  to  the  condition  that  such
properties continue to  be used for the purpose of
providing housing for  persons and families of low
and moderate income  and any property not used for
such purposes shall revert to the state.
    (b) An authorized  designee of the Connecticut
Housing Authority, or  of its successor, the State
Housing Authority, shall  execute  and deliver any
deed, instrument or  amendment  thereto  necessary
for any conveyance  under  this  section  and  the
Connecticut Housing Authority  or  its  successor,
the State Housing  Authority,  shall have the sole
responsibility  for all  incidents  for  any  such
conveyance.
    (c) No deed  in  which the Connecticut Housing
Authority or its  successor conveys an interest in
any property identified  in subsection (a) of this
section on or  before  the  effective date of this
act shall be  deemed invalid because the authority
or its successor  was not authorized to convey the
property.
    Sec. 4. (a)  Notwithstanding  any provision of
the general statutes  to the contrary, if and when
the Governor and  the Attorney General accept as a
gift to the state pursuant to section 4b-22 of the
general statutes three  certain  parcels  of  land
located on the east side of Park Place in the city
of Waterbury, county  of  New  Haven  and state of
Connecticut, having in  the  aggregate  an area of
approximately 10,271 square  feet,  shown on a map
recorded  on the  land  records  of  the  city  of
Waterbury and entitled "Site survey -The Mattatuck
Museum Park Place  Development  Project Waterbury,
Connecticut"   Scale   1"=20',   dated   7/10/95,"
certified by Francis  A.  Richard, L.S., Surveyor,
License  Number  11351,   and   more  specifically
designated on said  map  as:  Property  of John B.
Sullivan, et al., Area=3,612 S.F.; property of The
Mattatuck Historical Society, Area=3,425 S.F.; and
property  of 44  Park  Place  Associates,  L.L.C.,
Area=3,234 S.F., the  Department  of Environmental
Protection shall take  control  of said parcels of
land and convey  said  parcels  to  the  Mattatuck
Historical Society, subject to the approval of the
State Properties Review Board and at a cost of one
dollar.
    (b) The Mattatuck Historical Society shall use
said parcels of  land  for  recreational purposes.
Except as hereinafter  provided,  if,  at any time
between the date  of conveyance of said parcels of
land  from  the   state   of  Connecticut  to  The
Mattatuck Historical Society  and  five years from
said date, any  of  said  parcels  of land are not
used for recreational purposes, said parcels shall
revert to the  state  of  Connecticut, which shall
use said parcels for recreational purposes. If the
state agency having  control  of said parcels upon
reversion fails or  ceases  to  use  any  of  said
parcels  for recreational  purposes,  said  agency
shall apply to  a  court of competent jurisdiction
for advice and  instructions  as to an alternative
use of said  parcel.  Said  right  of  reverter in
favor of the  state  of  Connecticut  shall cease,
terminate and be of no force and effect five years
after the date  of  conveyance  of said parcels of
land  from  the   state   of  Connecticut  to  The
Mattatuck Historical Society.
    (c) The State  Properties  Review  Board shall
complete its review  of  the  conveyance  of  said
parcels of land  from  the state of Connecticut to
The Mattatuck Historical  Society  not  later than
thirty days after it receives a proposed agreement
from the Department  of  Environmental Protection.
The land shall  remain  under the care and control
of  the  Department  of  Environmental  Protection
until a conveyance  is made in accordance with the
provisions of this section, which conveyance shall
be made within  thirty  days of an approval by the
State Properties Review Board. The State Treasurer
shall execute and  deliver  any deed or instrument
necessary for a  conveyance  under  this  section,
which shall include  provisions  to  carry out the
purposes of subsection  (b)  of  this section, and
the Commissioner of Environmental Protection shall
have  the  sole   responsibility   for  all  other
incidents of such conveyance.
    (d)  In  accepting   the  conveyance  of  said
parcels of land,  The Mattatuck Historical Society
agrees  to  waive   all   claims   The   Mattatuck
Historical  Society may  have  against  the  state
arising out of,  stemming  from,  or  in  any  way
connected to the state's ownership of said parcels
of land.
    Sec. 5. (a)  Notwithstanding  any provision of
the  general  statutes   to   the   contrary,  the
Commissioner of Transportation shall convey to the
town of Southington,  subject  to  the approval of
the State Properties  Review  Board  and at a cost
equal to the  administrative  costs of making such
conveyance, a parcel  of  land located in the town
of Southington, having  an  area  of approximately
one  acre and  identified  as  a  parcel  of  land
bounded on the  east by Interstate Route 84 and on
the north, west  and  south by Panthorn Park. Said
parcel is on the opposite side of Interstate Route
84 from the rest area between Exit 29 and Exit 30.
    (b) The town  of  Southington  shall  use said
parcel of land  for  recreational purposes. If the
town of Southington  (1)  does not use said parcel
for said purposes,  (2)  does not retain ownership
of all of  said  parcel  or  (3) leases all or any
portion of said parcel, the parcel shall revert to
the state of Connecticut.
    (c) The State  Properties  Review  Board shall
complete its review  of  the  conveyance  of  said
parcel of land not later than thirty days after it
receives a proposed  agreement from the Department
of Transportation. The land shall remain under the
care  and  control  of  said  department  until  a
conveyance  is  made   in   accordance   with  the
provisions of this  section.  The  State Treasurer
shall execute and  deliver  any deed or instrument
necessary for a  conveyance  under  this  section,
which deed or  instrument shall include provisions
to carry out  the  purposes  of  subsection (b) of
this   section,   and    the    Commissioner    of
Transportation shall have  the sole responsibility
for all other incidents of such conveyance.
    Sec. 6. (a)  Notwithstanding  any provision of
the  general  statutes   to   the   contrary,  the
Commissioner of Public  Works  shall convey to the
city of Hartford,  subject  to the approval of the
State Properties Review  Board and at a cost equal
to  the  administrative   costs   of  making  such
conveyance,  a  parcel   of  land  located  at  40
Clifford Street in the city of Hartford, having an
area of approximately one-half acre and identified
as lot 21  in  block  3  of  city  of Hartford Tax
Assessor's Map 204.
    (b) The city of Hartford shall use said parcel
of land for  community  facilities. If the city of
Hartford (1) does  not  use  said  parcel for said
purposes, (2) does  not retain ownership of all of
said parcel or  (3)  leases  all or any portion of
said parcel, the  parcel shall revert to the state
of Connecticut.
    (c) The State  Properties  Review  Board shall
complete its review  of  the  conveyance  of  said
parcel of land not later than thirty days after it
receives a proposed  agreement from the Department
of Public Works.  The  land shall remain under the
care  and  control  of  said  department  until  a
conveyance  is  made   in   accordance   with  the
provisions of this  section.  The  State Treasurer
shall execute and  deliver  any deed or instrument
necessary for a  conveyance  under  this  section,
which deed or  instrument shall include provisions
to carry out  the  purposes  of  subsection (b) of
this section, and the Commissioner of Public Works
shall have the  sole  responsibility for all other
incidents of such conveyance.
    Sec. 7. (a)  Notwithstanding  any provision of
the  general  statutes   to   the   contrary,  the
Commissioner  of  Mental   Health   and  Addiction
Services shall convey  to  the  town  of  Preston,
subject to the  approval  of  the State Properties
Review  Board  and   at   a   cost  equal  to  the
administrative costs of  making such conveyance, a
parcel of land  located  in  the  town of Preston,
having an area  of approximately twenty-four acres
and identified as  the parcel of land which is the
subject of the  "Property  Use  Agreement  by  and
between the Department  of  Mental  Health and the
Town of Preston"  executed  on  November 28, 1994.
Said parcel of  land is described in Schedule A of
said agreement.
    (b) The town  of Preston shall use said parcel
of land for  a  park.  If  the town of Preston (1)
does not use  said  parcel  for  said purpose, (2)
does not retain ownership of all of said parcel or
(3) leases all  or any portion of said parcel, the
parcel shall revert to the state of Connecticut.
    (c) The deed  or  instrument  necessary  for a
conveyance  under this  section  shall  include  a
provision terminating the  property  use agreement
described in subsection (a) of this section.
    (d) The State  Properties  Review  Board shall
complete its review  of  the  conveyance  of  said
parcel of land not later than thirty days after it
receives a proposed  agreement from the Department
of Mental Health  and Addiction Services. The land
shall remain under  the  care  and control of said
department  until  a   conveyance   is   made   in
accordance with the  provisions  of  this section.
The State Treasurer  shall execute and deliver any
deed  or instrument  necessary  for  a  conveyance
under this section, which deed or instrument shall
include provisions to  carry  out  the purposes of
subsection   (b)  of   this   section,   and   the
Commissioner  of  Mental   Health   and  Addiction
Services shall have  the  sole  responsibility for
all other incidents of such conveyance.
    Sec. 8. Subsection (b) of section 2 of special
act 95-25 is amended to read as follows:
    (b)  Not  later  than  five  years  after  the
effective date of this section, the Shiloh Baptist
Church shall convey  said  parcel  of  land  to  a
non-profit corporation, which shall use the parcel
for   [low   or]   moderate-income   housing   and
educational, recreational or  community facilities
open to the  public.  Such  housing and facilities
shall    comply   with    all    nondiscrimination
requirements concerning the  occupancy  of housing
or the use  of  facilities, which are developed in
whole or in part with federal assistance, and said
parcel of land  and  such  housing  and facilities
shall not be  used  for the teaching or practicing
of religion. If (1) the Shiloh Baptist Church does
not  convey  said   parcel   of  land  to  such  a
corporation by the  end  of  such period, (2) said
parcel of land  is not used for the development of
such housing and facilities or (3) such housing or
facilities do not  comply  with such requirements,
the parcel of  land  shall  revert to the state of
Connecticut.
    Sec. 9. (a)  Notwithstanding  any provision of
the  general  statutes   to   the   contrary,  the
Commissioner of Transportation shall convey to the
city of Hartford,  subject  to the approval of the
State Properties Review  Board and at a cost equal
to  the  administrative   costs   of  making  such
conveyance   and   subject    to   completion   of
environmental   remediation  by   the   state   of
Connecticut necessary for  public  usage, a parcel
of land located at 53 Vernon Street in the city of
Hartford,  having an  area  of  approximately  8.8
acres and identified  as lot 53 in block 4 of city
of Hartford Tax Assessor's Map 206.
    (b) Said parcel  of  land  shall  be  used for
public or charitable purposes. A violation of such
restriction by the  city  of  Hartford  or  by any
subsequent owner or  lessee  of said parcel, which
violation is not  remedied after written notice by
the state of  Connecticut to the then fee owner of
said parcel no  later  than  one  year  after  the
receipt of such  notice,  shall,  at  the  written
election of the  state  of  Connecticut,  cause  a
reversion of title  of said parcel to the state of
Connecticut.
    (c) The State  Properties  Review  Board shall
complete its review  of  the  conveyance  of  said
parcel of land  to  the city of Hartford not later
than thirty days  after  it  receives  a  proposed
agreement from the  Department  of Transportation.
The land shall  remain  under the care and control
of said department  until  a conveyance is made in
accordance with the  provisions  of  this section.
The State Treasurer  shall execute and deliver any
deed  or  other  instruments  necessary  for  such
conveyance,  which  deed   or   instruments  shall
include provisions to  carry  out  the purposes of
subsection   (b)  of   this   section,   and   the
Commissioner of Transportation shall have the sole
responsibility for all  other  incidents  of  such
conveyance.
    Sec. 10. Notwithstanding  any provision of the
general statutes to  the  contrary, the Department
of  Environmental  Protection   shall  accept,  on
behalf of the  state,  a parcel of land located in
the town of  Wallingford,  or  any  interest in or
portion of said  parcel  of  land,  from  John and
Beverly Hilzinger, which  parcel is shown on a map
entitled "Property of  John  &  Beverly Hilzinger,
Main Street, Wallingford, Conn., Scale 1"=30', May
19, 1988", prepared  by  Douglas  Prior, Surveyor,
Tolland, Conn.
    Sec. 11. (a)  Notwithstanding any provision of
the  general  statutes   to   the   contrary,  the
Commissioner  of  Mental   Health   and  Addiction
Services shall convey  to  the  town  of  Ledyard,
subject to the  approval  of  the State Properties
Review  Board  and   at   a   cost  equal  to  the
administrative costs of  making such conveyance, a
parcel of land  located  in  the  town of Ledyard,
having an area  of  approximately  42.8  acres and
identified on town  of  Ledyard Tax Assessor's Map
Number  3 as  lot  1087  Colonel  Ledyard  Highway
(Route 117).
    (b) The town  of Ledyard shall use said parcel
of land for  agricultural purposes. If the town of
Ledyard (1) does  not  use  said  parcel  for said
purposes or (2)  does  not retain ownership of all
of said parcel,  the  parcel  shall  revert to the
state of Connecticut.
    (c) The state  of  Connecticut shall assign to
the  town  of   Ledyard  the  state's  rights  and
obligations under any  agreement  for  the  use of
said parcel of  land  for  growing  and harvesting
agricultural products.
    (d) The State  Properties  Review  Board shall
complete its review  of  the  conveyance  of  said
parcel of land not later than thirty days after it
receives a proposed  agreement from the Department
of Mental Health  and Addiction Services. The land
shall remain under  the  care  and control of said
department  until  a   conveyance   is   made   in
accordance with the  provisions  of  this section.
The State Treasurer  shall execute and deliver any
deed  or instrument  necessary  for  a  conveyance
under this section, which deed or instrument shall
include provisions to  carry  out  the purposes of
subsection   (b)  of   this   section,   and   the
Commissioner  of  Mental   Health   and  Addiction
Services shall have  the  sole  responsibility for
all other incidents of such conveyance.
    Sec. 12. (a)  Notwithstanding any provision of
the  general  statutes   to   the   contrary,  the
Commissioner  of  Mental   Health   and  Addiction
Services shall convey  to  the  Middletown Housing
Authority, subject to  the  approval  of the State
Properties  Review  Board   and   equal   to   the
administrative costs of  making such conveyance, a
parcel of land  located in the city of Middletown,
having an area  of  approximately 2.375 acres, and
identified as the  same parcel of land conveyed to
the state of  Connecticut  by Joshua W. Thomas and
recorded in the  Middletown Land Records at Volume
181, Page 472.
    (b) The Middletown Housing Authority shall use
said parcel of  land  for housing purposes. If the
Middletown Housing Authority (1) does not use said
parcel for said  purposes,  (2)  does  not  retain
ownership of all  of said parcel or (3) leases all
or any portion  of  said  parcel, the parcel shall
revert to the state of Connecticut.
    (c) The State  Properties  Review  Board shall
complete its review  of  the  conveyance  of  said
parcel of land not later than thirty days after it
receives a proposed  agreement from the Department
of Mental Health  and Addiction Services. The land
shall remain under  the  care  and control of said
department  until  a   conveyance   is   made   in
accordance with the  provisions  of  this section.
The State Treasurer  shall execute and deliver any
deed  or instrument  necessary  for  a  conveyance
under this section, which deed or instrument shall
include provisions to  carry  out  the purposes of
subsection   (b)  of   this   section,   and   the
Commissioner  of  Mental   Health   and  Addiction
Services shall have  the  sole  responsibility for
all other incidents of such conveyance.
    Sec.  13.  Section   52-575   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) No person  shall make entry into any lands
or tenements but  within  fifteen years next after
his right or  title  to the same first descends or
accrues OR WITHIN  FIFTEEN  YEARS  NEXT AFTER SUCH
PERSON OR PERSONS HAVE BEEN OUSTED FROM POSSESSION
OF SUCH LAND  OR  TENEMENTS; and every person, not
entering as aforesaid,  and  his  heirs,  shall be
utterly disabled to  make  such  entry afterwards;
and no such  entry  shall  be  sufficient,  unless
WITHIN SUCH FIFTEEN-YEAR  PERIOD,  ANY  PERSON  OR
PERSONS  CLAIMING  OWNERSHIP  OF  SUCH  LANDS  AND
TENEMENTS AND THE  RIGHT  OF  ENTRY AND POSSESSION
THEREOF AGAINST ANY  PERSON  OR PERSONS WHO ARE IN
ACTUAL  POSSESSION OF  SUCH  LANDS  OR  TENEMENTS,
GIVES NOTICE IN  WRITING  TO THE PERSON OR PERSONS
IN POSSESSION OF  THE  LAND  OR  TENEMENTS  OF THE
INTENTION  OF THE  PERSON  GIVING  THE  NOTICE  TO
DISPUTE THE RIGHT  OF  POSSESSION OF THE PERSON OR
PERSONS  TO WHOM  SUCH  NOTICE  IS  GIVEN  AND  TO
PREVENT THE OTHER  PARTY OR PARTIES FROM ACQUIRING
SUCH  RIGHT,  AND  THE  NOTICE  BEING  SERVED  AND
RECORDED AS PROVIDED  IN  SECTIONS 47-39 AND 47-40
SHALL BE DEEMED  AN  INTERRUPTION  OF  THE USE AND
POSSESSION AND SHALL  PREVENT  THE  ACQUIRING OF A
RIGHT THERETO BY  THE  CONTINUANCE  OF THE USE AND
POSSESSION  FOR ANY  LENGTH  OF  TIME  THEREAFTER,
PROVIDED an action  is  commenced  thereupon  [and
prosecuted to effect]  within  one year next after
[such entry] THE  RECORDING  OF  SUCH  NOTICE. THE
LIMITATION HEREIN PRESCRIBED  SHALL  NOT  BEGIN TO
RUN AGAINST THE  RIGHT  OF ENTRY OF ANY OWNER OF A
REMAINDER OR REVERSIONARY INTEREST IN REAL ESTATE,
WHICH IS IN  THE  ADVERSE  POSSESSION  OF ANOTHER,
UNTIL  THE EXPIRATION  OF  THE  PARTICULAR  ESTATE
PRECEDING SUCH REMAINDER OR REVERSIONARY ESTATE.
    (b) [; but,  if]  IF  any  person who has such
right  or  title   of  entry  into  any  lands  or
tenements is, at  the time of the first descending
or accruing of  such  right or title, a minor, non
compos mentis or imprisoned, he and his heirs may,
notwithstanding  the expiration  of  such  fifteen
years, [bring such  action or] make such entry AND
SERVE AND RECORD  SUCH  NOTICE  at any time within
five years next  after  full  age, coming of sound
mind or [enlargement  out of] RELEASE FROM prison,
or his heirs  shall,  within  five years after his
death, [bring such action, or] make such entry AND
SERVE AND RECORD  SUCH NOTICE, and take benefit of
the  same.  [;   provided  the  limitation  herein
prescribed shall not  begin  to  run  against  the
right of entry  of  any  owner  of  a remainder or
reversionary interest in  real estate, which is in
the  adverse  possession  of  another,  until  the
expiration of the particular estate preceding such
remainder or reversionary estate.]
    Sec. 14. This  act  shall take effect from its
passage.

Approved June 6, 1996