§ 13a-73 — Acquisition of real property. Condemnation of land for: State highway, highway maintenance storage area or garage; military purposes; highway drainage or preservation of historical monument; rights of access and egress. State owned property. Review and approval of State Properties Review Board. Exception.

Connecticut § 13a-73

• Jurisdiction: Connecticut
• Title 13a: Highways and Bridges
• Ch. 238: Highway Construction and Maintenance

Text

(a) For the purpose of this section, “real property” means land and buildings and any estate, interest or right in land. (b) The commissioner may take any land the commissioner finds necessary for the layout, alteration, extension, widening, change of grade or other improvement of any state highway or for a highway maintenance storage area or garage and the owner of such land shall be paid by the state for all damages, and the state shall receive from such owner the amount or value of all benefits resulting from such taking, layout, alteration, extension, widening, change of grade or other improvement. The use of any site acquired for highway maintenance storage area or garage purposes by condemnation shall conform to any zoning ordinance or development plan in effect for the area in which such site is located, provided the commissioner may be granted any variance or special exception as may be made pursuant to the zoning ordinances and regulations of the town in which any such site is to be acquired. The assessment of such damages and of such benefits shall be made by the commissioner and filed by the commissioner with the clerk of the superior court for the judicial district in which the land affected is located. The commissioner shall give notice of such assessment to each person having an interest of record therein, or such person's designated agent for service of process, by mailing to such person a copy of the same, postage prepaid, and, at any time after such assessment has been made by the commissioner, the physical construction of such layout, alteration, extension, widening, maintenance storage area or garage, change of grade or other improvement may be made. If notice cannot be given to any person entitled thereto because such person's whereabouts or existence is unknown, notice may be given by publishing a notice at least twice in a newspaper published in the judicial district and having a daily or weekly circulation in the town in which the property affected is located. Any such published notice shall state that it is a notice to the last owner of record or such owner's surviving spouse, heirs, administrators, assigns, representatives or creditors if he or she is deceased, and shall contain a brief description of the property taken. Notice shall also be given by mailing to such person at his or her last-known address, by registered or certified mail, a copy of such notice. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and reciting the steps taken to establish the address of any such person shall be filed with the clerk of the court and accepted in lieu of service of such notice by mailing the same to the last-known address of such person. Upon filing an assessment with the clerk of the court, the commissioner shall forthwith sign and file for record with the town clerk of the town in which such real property is located a certificate setting forth the fact of such taking, a description of the real property so taken and the names and residences of the owners from whom it was taken. Upon the filing of such certificate, title to such real property in fee simple shall vest in the state of Connecticut, except that, if it is so specified in such certificate, a lesser estate, interest or right shall vest in the state. The commissioner shall permit the last owner of record of such real property upon which an owner-occupied residence or owner-operated business is situated to remain in such residence or operate such business, rent free, for a period of ninety days after the filing of such certificate. (c) The commissioner may purchase any land and take a deed thereof in the name of the state when such land is needed in connection with the layout, construction, repair, reconstruction or maintenance of any state highway or bridge, and any land or buildings or both, necessary, in the commissioner's opinion, for the efficient accomplishment of the foregoing purpose, and may further, when the commissioner determines that it is in the best interests of the state, purchase, lease or otherwise arrange for the acquisition or exchange of land or buildings or both for such purpose. The commissioner, with the advice and consent of the Attorney General, may settle and compromise any claim by any person, firm or corporation claiming to be aggrieved by such layout, construction, reconstruction, repair or maintenance by the payment of money, the transfer of other land acquired for or in connection with highway purposes, or otherwise. The commissioner shall permit the last owner of record of such real property upon which an owner-occupied residence or owner-operated business is situated to remain in such residence or operate such business, rent free, for a period of ninety days from the filing of such deed. (d) The commissioner may purchase or take in the name of the state any land, buildings, interest in land, easements or other rights he finds necessary for the layout, construction, maintenance or use of roads or bridges authorized by section 13a-5 , under the provisions of this title relating to the purchase and taking of land for state highways. Any person aggrieved by any such action of the commissioner shall have the same rights of appeal as provided in this title in relation to the taking of land by the commissioner for highway purposes. (e) The commissioner may take any land (1) which is necessary for the construction of any ditch, drain, gutter or other structure which is required for the purpose of draining any state highway; or (2) which is required for the purpose of preserving any historical monument or memorial, the removal of which is made necessary by the construction or reconstruction of a state highway. The commissioner may assess benefits and damages caused by any such construction and for the taking of any such land under the provisions of subsection (b) of this section and sections 13a-74 , 13a-76 , 13a-77 and 13a-78 and any person aggrieved by the assessment of any such benefits or damages shall be entitled to the relief provided for in said sections. (f) The commissioner may take or purchase rights of access to and egress from land abutting any highway or land taken or purchased as right-of-way therefor, or any other highway for the purpose of protecting the functional characteristics of any state highway or state highway appurtenances or safety of the traveling public to and from any state highway or state highway appurtenances when in his judgment such limitation of access is necessary to permit the convenient, safe and expeditious flow of traffic. Such taking or purchase shall be in the same manner and with like powers as authorized and exercised by said commissioner in taking or purchasing real property for state highway purposes. (g) When the Commissioner of Transportation finds it necessary that real property, the title to which is in the state of Connecticut and which is under the custody and control of any state department, commission or institution, be taken for the purpose of drainage, construction, alteration, reconstruction, improvement, relocation, widening and change of grade of any highway to be constructed under his supervision, he shall petition the Secretary of the Office of Policy and Management that custody of such real property be transferred to him as Commissioner of Transportation. Such petition shall set forth the necessity for such transfer and control. The Secretary of the Office of Policy and Management shall present such petition to the department, commission or institution having custody and control of such real property, and, upon the recommendation of, and subject to such consideration as may be required by, such department, commission or institution and with the approval of the Secretary of the Office of Policy and Management, such department, commission or institution shall transfer the custody and control of such real property to the Commissioner of Transportation for the purposes required. (h) All sales or exchanges of surplus property by the Department of Transportation and matters dealing with the initial acquisition of any existing mass transit system or the purchase or sale of real properties acquired in connection with any state highway system or mass transit system shall be subject to review and approval of the State Properties Review Board except that those acquisitions and administrative settlements relating to such properties which involve sums not in excess of ten thousand dollars shall be reported to the board by the Commissioner of Transportation but shall not be subject to such review and approval. The Secretary of the Office of Policy and Management shall be informed for inventory purposes of any transfer effectuated in connection with this section. The State Properties Review Board shall not grant such approval if the Department of Transportation has failed to comply with any applicable statutes in connection with the proposed action. See Sec. 13a-6 re reimbursement of state by federal government for costs incurred in constructing roads and bridges for military purposes. See Sec. 13a-25 re appointment of additional referees for land acquisition proceedings. See Sec. 13a-58 re public hearing on proposed layout of new highway. See Secs. 13a-76 and 13a-77 re appeals from decisions of commissioner. See Sec. 13a-80 re sale or lease of land by commissioner. See Sec. 13a-80b re order of priorities in disposition of interests in state rights-of-way.

Legislative History

(1949 Rev., S. 2204, 2224, 2226–2228, 2239, 2264, 2266; November, 1955, S. N155; 1958 Rev., S. 13-52(e), 13-90, 13-104, 13-105, 13-107, 13-108, 13-120, 13-145, 13-149; 1963, P.A. 226, S. 73; February, 1965, P.A. 309, S. 1; 310, S. 1; 1967, P.A. 507, S. 1; 610, S. 1; 1969, P.A. 613, S. 1; 614, S. 1; 762, S. 1; 768, S. 83; 1971, P.A. 122, S. 1; P.A. 75-425, S. 11, 57; P.A. 76-253, S. 3, 6; P.A. 77-614, S. 19, 73, 610; P.A. 78-280, S. 2, 127; P.A. 81-421, S. 6, 9; P.A. 83-570, S. 3, 17; P.A. 86-228, S. 1; P.A. 87-496, S. 69, 110; P.A. 88-283, S. 2, 3; P.A. 97-304, S. 4, 31; P.A. 01-105, S. 3; May 9 Sp. Sess. P.A. 02-5, S. 24; P.A. 04-127, S. 1; 04-143, S. 1; P.A. 11-51, S. 67; June Sp. Sess. P.A. 15-5, S. 158; P.A. 16-151, S. 5; P.A. 18-62, S. 1; P.A. 21-175, S. 1.) History: 1963 act replaced previous provisions: See title history; 1965 acts added provisions in Subsec. (b) re certificate required to be filed with town clerk in connection with taking of land and provision re egress to Subsec. (f); 1967 acts included provisions re taking of land for highway maintenance storage area or garage in Subsec. (b) and clarified Subsec. (f); 1969 acts added proviso re variances or special exceptions granted commissioner with regard to use of land taken, required notice to persons having interest in land rather than to owners only and added provisions re published notice in Subsec. (b), amended Subsec. (f) to allow taking of access and egress rights to protect “functional characteristics” of state highways or to protect the traveling public, amended Subsec. (f) by moving provision re historical monuments and memorials and substituted commissioner of transportation for highway commissioner in Subsec. (g); 1971 act amended Subsec. (c) to increase amount of maximum purchase allowed without referee's approval from $3,000 to $15,000; P.A. 75-425 added Subsec. (h) re acquisition of real property for offices of transportation department; P.A. 76-253 clarified Subsec. (h); P.A. 77-614 substituted secretary of the office of policy and management for commissioner of finance and control and commissioner of administrative services for public works commissioner; P.A. 78-280 substituted “judicial district” for “county” in Subsec. (b); P.A. 81-421 amended Subsec. (h) by deleting certain references to the role of the commissioner of administrative services; P.A. 83-570 added exemption to Subsec. (h) for acquisitions and settlements involving sums of $1,000 or less; P.A. 86-228 added requirement that properties review board not grant approval if department fails to comply with applicable statutes in connection with proposed action in Subsec. (h); P.A. 87-496 substituted public works commissioner for administrative services commissioner in Subsec. (h); P.A. 88-283 amended Subsec. (b) to require commissioner to permit the last owner of record of residential real property to remain in such residence, rent free, for 120 days after filing of certificate of taking; P.A. 97-304 amended Subsec. (c) to substitute $100,000 for $15,000 in the proviso, effective July 1, 1997; P.A. 01-105 amended Subsec. (c) by making a technical change for the purposes of gender neutrality; May 9 Sp. Sess. P.A. 02-5 amended Subsec. (c) to add a provision allowing acquisition of land or buildings for a highway maintenance garage or storage area, effective August 15, 2002; P.A. 04-127 amended Subsec. (b) by providing for notice of assessment to persons having interest of record to be given by commissioner rather than court clerk and by making technical changes; P.A. 04-143 amended Subsec. (h) re exception for acquisitions and administrative settlements not subject to review and approval by State Properties Review Board to increase maximum sum from $1,000 to $5,000, effective July 1, 2004; P.A. 11-51 amended Subsec. (h) to replace “Commissioner of Public Works” with “Secretary of the Office of Policy and Management” re the inventory, effective July 1, 2011; June Sp. Sess. P.A. 15-5 amended Subsec. (b) to replace provision re the last owner of a residence with provision re the last owner of an owner-occupied residence or owner-operated business and to permit such owner to remain in residence or operate the business for a period of 90 days, rather than 120 days, amended Subsec. (c) to delete provision re acquisition or exchange of land or buildings for use as a highway maintenance storage area or garage and to add provision allowing owner to remain in residence or operate a business for 90 days, and made technical changes, effective June 30, 2015; P.A. 16-151 amended Subsecs. (a) and (h) by making technical changes and amended Subsec. (c) by deleting provision re approval by a state referee of purchase of land or land and buildings in excess of $100,000, effective June 7, 2016; P.A. 18-62 amended Subsec. (b) by adding “, or such person's designated agent for service of process,” re commissioner's duty to give notice of assessment to each person having interest of record therein and making conforming changes; P.A. 21-175 amended Subsec. (h) re exception for acquisitions and administrative settlements not subject to review and approval by State Properties Review Board to increase maximum sum from $5,000 to $10,000, effective July 12, 2021. Cited. 113 C. 653; 117 C. 139. Assessment is “made” when filing with clerk takes place. 113 C. 657; 129 C. 251. Description of land taken must be filed. 113 C. 656. Measure of damages is difference in market values before and after. 113 C. 657; 125 C. 418, 419. That prices are generally depressed is not sufficient reason for departing from rule that fair market value at time of taking governs. 117 C. 142. Former statute cited. 124 C. 34. In executing award of damages and benefits, commissioner may rely on advice of department engineers. 125 C. 417. Elements to be considered in making award; where portion of tract taken, damage for change in grade may be taken into account. 127 C. 455. When municipality is entitled to compensation for land taken by state. 129 C. 106. Taking is only of easement; if fee is acquired subsequently, lesser estate is merged. Id., 248. Where condemnation proceeding was taken under statute, subsequent warranty deed amounted to purchase and commissioner had right to stand on deed as giving the greater estate. Id., 250. Where laying of roadway and change of grade were accomplished within limits of old highway, abutting owner is not entitled to award based upon reduction of market value of property occasioned thereby. Id., 262. Rule as to “consequential” damages based on depreciation by reason of construction not only on land taken but also on adjoining land. Id., 475. Nature of easement. 130 C. 595. Fact that land contains valuable deposits may be considered in determining value. 131 C. 523. Even if court does not apply the before and after rule, if results give plaintiff all the damages to which he is entitled, he cannot claim error. 132 C. 583. Taking is complete when assessment is filed with clerk, even though there is no physical taking; interest runs from that time. 134 C. 226. Necessity of moving factory machinery affected the value of the property; this element must be considered as evidence tending to prove fair market value of land. 135 C. 686. Referee's use of testimony of expert on some points does not preclude its rejection on others. 139 C. 159. Former statute cited. 147 C. 685; 148 C. 731. In determination of damages, referee could consider existence of going business of lessee on land as support for conclusion as to best use of premises but could not consider expense of moving equipment of, or net income of lessee from, such business. 149 C. 206. Fair intent of section read with Sec. 48-11 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. The entire reasonable cost of moving the equipment should be included in determining the fair market value of the property taken. 150 C. 32. Cited. Id., 524. Where plaintiff alleged the taking of land by highway commissioner was in excess of the power conferred on him, commissioner is not protected from suit by sovereign immunity. 152 C. 590. Cited. 154 C. 683. Language broad enough to embrace land held by public or private owner and whether devoted to public or private use. Id., 685. Rule that general grant of power of eminent domain does not authorize taking of land already devoted to public use inapplicable where sovereign is condemnor taking property on its own behalf for its own sovereign purposes. Id., 688. Adjustment of real property taxes by method locally used not binding on commissioner in absence of agreement to so apportion taxes. 155 C. 335. Where plaintiff was not owner of personalty removed from condemned property, referee's report was properly amended and judgment entered for plaintiff for land value only. Id., 570. Rule of damages in eminent domain is to award fair market value of real property condemned; fact that business is in operation on it may enhance that market value but it was error for court to allow compensation for value of business and fixtures of appellant supermarket. Id., 580. Reasonable probability of zone change to be made in near future may be considered in determination of fair value of property taken by condemnation. 156 C. 83. Once taking is complete, condemnor cannot unilaterally discontinue condemnation proceedings. Id., 131. Appraiser employed by the state may be required to testify by subpoena of condemnee as to his expert opinion of value of condemned property. Id., 166. Just compensation means the full equivalent in money for property taken and landowner is entitled to interest to date of payment of judgment by the state. Id., 416. Provision for additional compensation when there has been a delay in taking under Sec. 13a-76a is not retroactive. 158 C. 452. On appeal from an assessment, the question before the referee is not what defendant offered to plaintiffs nor what plaintiffs claimed was due them, but rather the actual fair value of the property as determined at the hearing. 159 C. 443, 448. Cited. 161 C. 59. Elements considered in determining market value upon condemnation. 163 C. 205. Cited. 165 C. 768; 176 C. 391; 203 C. 364; 209 C. 480; 214 C. 225; 218 C. 628. Upon filing certificate with clerk of Superior Court, land is taken and owner may be excluded from use; “all damage” includes interest from date of the taking. 4 CS 474. Cited. 6 CS 393. Recovery for injury to right of access. Id., 337. Cited. 8 CS 450. Does not determine rights of persons who may claim reverter interests. 9 CS 497. Constitutionality of provision allowing commissioner to take immediate possession. 11 CS 39. Cited. 17 CS 47. When legislature designates a new highway as trunk line, commissioner may purchase or condemn land and call for bids for construction. 18 CS 261. Cited. Id., 262. Condemnation proceedings not a civil action when related to civil process but is a civil action within meaning of Secs. 167 and 168 of Practice Book. 27 CS 242. Cited. Id., 287; Id., 469. Commissioner of Transportation has authority to purchase land by deed or take by eminent domain, but both methods may not be pursued at the same time. 47 CS 418. The state can recover from the condemnee the reasonable value of the occupancy of the condemned premises for the period she continued to occupy same after the date specified to condemnee to vacate. 5 Conn. Cir. Ct. 107. Re former Secs. 13-145 and 13-149, a condemnee cannot retain and enjoy possession of condemned property without cost, as long after the taking date as he can continue to remain in actual possession. 6 Conn. Cir. Ct. 96. Subsec. (b): Cited. 167 C. 334; 172 C. 427; 176 C. 264; 178 C. 710; 179 C. 293. Certificate construed to have condemned right-of-way where description does not expressly reserve an essential right-of-way in the condemnee. 180 C. 11. Cited. 215 C. 437. Re properties on opposite sides of a river intended for use as bridge abutments, trial court's findings re properties' highest and best use was not adequately supported by the record since it was only speculative that an entity other than the state would use the land for such purpose. 255 C. 529. Cited. 5 CA 678. Damages limited to sale price agreed to under breached contract. 11 CA 439. Cited. 35 CA 9; 36 CA 49. Cited. 40 CS 202.