Substitute Senate Bill No. 593

Public Act No. 00-84

An Act Concerning Technical Revisions To Validating Provisions And Validation Of A Grand List In Westbrook.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (b) of section 4 of public act 99-238 is repealed and the following is substituted in lieu thereof:

(b) Insubstantial defects. Any deed, mortgage, lease, power of attorney, release, assignment or other instrument made for the purpose of conveying, leasing, mortgaging or affecting any interest in real property in this state recorded after January 1, 1997, which instrument contains any one or more of the following defects or omissions is as valid as if it had been executed without the defect or omission:

(1) The instrument contains an incorrect statement of the date of execution or omits the date of execution;

(2) The instrument contains an execution date or other date that is later than the date of recording;

(3) The instrument transfers an interest in land by reference to a filed map or subdivision plan and the map or plan does not comply [with any statutory requirement] as to preparation, form, certification, approval or filing with any requirement of any special or general law, municipal ordinance or regulation;

(4) The instrument conveys an interest in a lot or parcel of land in a subdivision that was not submitted for approval or that was submitted for approval but was not approved;

(5) The record does not disclose the date of recording;

(6) The instrument does not disclose any statutorily required signature of the town clerk;

(7) The instrument does not contain a statement of consideration;

(8) The instrument fails to state the town and state in which the real property described in the instrument is located;

[(8)] (9) In the case of a conveyance by a corporation, limited liability company, partnership, limited partnership or limited liability partnership, or by any other entity authorized to hold and convey title to real property within this state, the instrument designated such entity as the grantor but fails to disclose the authority of the individual who executes and acknowledges the instrument;

[(9)] (10) In the case of a committee deed, the judge's approval of the sale incorrectly states or fails to state the date of approval of the sale.

Sec. 2. (NEW) No use or occupancy of or the presence of any building or other structure erected on a lot or lots either shown on a filed or recorded map or plan of subdivision or located in a subdivision created by the physical division of land into three or more parcels shall be deemed illegal or invalid because the lot or lots on which any building or other structure is located is not shown on an approved plan of subdivision or because the filed or recorded map or plan of subdivision fails in any manner to comply with any requirement of any general or special law, ordinance or regulation.

Sec. 3. Section 8 of public act 99-238 is repealed and the following is substituted in lieu thereof:

[This act] Public act 99-238 shall take effect from its passage, except that sections 1 to 6, inclusive, shall take effect July 1, 2000, and sections 1, 2 and 3, subsection (f) of section 4 and sections 5 and 6 shall apply to errors, irregularities and omissions occurring on or after January 1, 1999.

Sec. 4. Notwithstanding any provision of the general statutes and substitute house joint resolution number 29 of the 1990 regular session of the General Assembly, the actions of the Criminal Justice Commission at its meeting on June 5, 1996, authorizing the expenditure of funds, is hereby validated.

Sec. 5. The grand list abstract for the assessment year commencing October 1, 1999, as signed by the assessor of the town of Westbrook on March 31, 2000, is hereby validated notwithstanding the assessor's failure to lodge such grand list abstract for public inspection within the time period specified in section 12-55 of the general statutes. Notwithstanding the provisions of sections 12-110, 12-111 and 12-117 of the general statutes, the Westbrook Board of Assessment Appeals may hold a hearing with respect to the assessment of any property included on said grand list abstract, provided a written request for such a hearing is submitted to said board on or before April 20, 2000. Said board shall send notification to the person having filed such request of the time and date of an appeal hearing at least seven calendar days preceding the hearing date, but no later than May 1, 2000. Such hearings may be held in the months of April or May of 2000 and said board shall complete its duties with respect to such appeals not later than May 31, 2000. If said board elects not to conduct an appeal hearing for any commercial, industrial, utility or apartment property with an assessed value greater than five hundred thousand dollars, it shall notify the taxpayer of such decision by May 1, 2000. All provisions of said sections 12-111 and 12-117 of the general statutes, other than the extension of the filing and notification dates as provided in this section, shall be applicable to such appeals or denials of such appeals.

Sec. 6. This act shall take effect from its passage, except that sections 1 to 3, inclusive, shall take effect July 1, 2000.

Approved May 16, 2000