Substitute House Bill No. 6855
          Substitute House Bill No. 6855

              PUBLIC ACT NO. 97-117


AN  ACT  CONCERNING  CONDEMNATION OF LAND BY WATER
COMPANIES.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  25-42  of  the  general  statutes  is
repealed and the following is substituted in  lieu
thereof:
    Any  town,  city,   borough   or   corporation
authorized by law to supply the inhabitants of any
town, city or  borough  with pure water for public
or domestic use  may  take  and  use  such  lands,
springs,  streams or  ponds,  or  such  rights  or
interests therein, as  the  Superior Court, or any
judge thereof in  vacation,  on application, deems
necessary for the  purposes  of  such  supply. THE
COURT SHALL APPROVE  OR DISAPPROVE SUCH TAKING AND
USE AFTER REVIEW  OF  THE  APPLICANT'S ANALYSIS OF
FUTURE WATER SUPPLY  DEMANDS  AND  A DETERMINATION
THAT ALTERNATIVE MEANS  OF  SUPPLYING  PURE WATER,
INCLUDING, BUT NOT LIMITED TO, INTERCONNECTIONS TO
OTHER EXISTING SUPPLY  SYSTEMS  OR  A  PROGRAM  OF
DEMAND MANAGEMENT, ARE NOT REASONABLY AVAILABLE OR
FEASIBLE TO MEET  SUCH  DEMANDS  PROVIDED,  IF ANY
LAND PROPOSED FOR  TAKING  IS CURRENTLY BEING USED
FOR AGRICULTURE, THE  COURT SHALL CONSIDER WHETHER
THE TAKING AND  LOSS  OF SUCH AGRICULTURAL LAND IS
OFFSET BY THE PUBLIC'S NEED FOR AN ADEQUATE SUPPLY
OF PURE WATER.  For  the purpose of preserving the
purity   of  such   water   and   preventing   any
contamination thereof, such town, city, borough or
corporation may take  such  lands or rights as the
Superior Court, or  any judge thereof in vacation,
on application, deems  necessary  therefor. In any
case in which  the law requires compensation to be
made to any  person  whose  rights,  interests  or
property  may  be  injuriously  affected  by  such
orders, said court  or  such judge shall appoint a
committee of three  disinterested  property owners
of the judicial  district, who shall determine and
award the amount  to  be  paid by such authorities
before such order is carried into effect.

Approved June 6, 1997