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repealed and the following is substituted in lieu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