Connecticut § 22a-43a Findings on appeal. Setting aside, modifying or remanding action. Authority to purchase land.

Connecticut Statutes

§ 22a-43a — Findings on appeal. Setting aside, modifying or remanding action. Authority to purchase land.

Connecticut § 22a-43a

Title 22aEnvironmental Protection

Ch. 440Wetlands and Watercourses

This text of Connecticut § 22a-43a (Findings on appeal. Setting aside, modifying or remanding action. Authority to purchase land.) is published on Counsel Stack Legal Research, covering Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conn. Gen. Stat. § 22a-43a (2026).

Text

(a)The court, after a hearing, may reverse or affirm, wholly or partly, or may revise, modify or remand the decision from which the appeal was taken in a manner consistent with the evidence in the record before it. If upon appeal pursuant to section 22a-43, the court finds that the action appealed from constitutes the equivalent of a taking without compensation, the court (1) shall set aside the action or may modify the action so that it does not constitute a taking, and (2) shall remand the order to the inland wetland agency for action not inconsistent with its decision.

(b)To carry out the purposes of sections 22a-38 , 22a-40 , 22a-42 to 22a-43a , inclusive, 22a-401 and 22a-403 , the commissioner, district or municipality may at any time purchase land or an interest in land in fee simp

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(a) The court, after a hearing, may reverse or affirm, wholly or partly, or may revise, modify or remand the decision from which the appeal was taken in a manner consistent with the evidence in the record before it. If upon appeal pursuant to section 22a-43, the court finds that the action appealed from constitutes the equivalent of a taking without compensation, the court (1) shall set aside the action or may modify the action so that it does not constitute a taking, and (2) shall remand the order to the inland wetland agency for action not inconsistent with its decision. (b) To carry out the purposes of sections 22a-38 , 22a-40 , 22a-42 to 22a-43a , inclusive, 22a-401 and 22a-403 , the commissioner, district or municipality may at any time purchase land or an interest in land in fee simple or other acceptable title, or subject to acceptable restrictions or exceptions, and enter into covenants and agreements with landowners.

Legislative History

(P.A. 73-571, S. 6, 9; P.A. 15-85, S. 3.) History: P.A. 15-85 amended Subsec. (a) by adding “The court, after a hearing, may reverse or affirm, wholly or partly, or may revise, modify or remand the decision from which the appeal was taken in a manner consistent with the evidence in the record before it.”, designating existing provision re court to set aside or modify action as Subdiv. (1), designating existing provision re court to remand order as Subdiv. (2), and making technical changes. Cited. 180 C. 421; Id., 692; 186 C. 67; 196 C. 218; 203 C. 525; 209 C. 652; 211 C. 416; 212 C. 710; Id., 727; 213 C. 604; 216 C. 320; 217 C. 164; 218 C. 703; 219 C. 404; 220 C. 362; Id., 476; 226 C. 579; 228 C. 95; 229 C. 247; Id., 627; Id., 654; 242 C. 355. Cited. 5 CA 70; 6 CA 715; 12 CA 47; 15 CA 336; 18 CA 440; 19 CA 713; 20 CA 309; 26 CA 564; 27 CA 590; 28 CA 780; 29 CA 12; Id., 105; 30 CA 85; 31 CA 105; Id., 599; judgment reversed, see 229 C. 627; 32 CA 799; 34 CA 385; 36 CA 270; 37 CA 166. Cited. 41 CS 444; 42 CS 57. Subsec. (a): Trial court should decide a “taking without compensation” issue de novo since administrative agency has been held incompetent to decide constitutional issues. 209 C. 544.