§ 48-6 — Time limits for municipal corporations to take real property. Taking of property in neighborhood revitalization zones.

Connecticut § 48-6

• Jurisdiction: Connecticut
• Title 48: Eminent Domain

Text

(a) Any municipal corporation having the right to purchase real property for its municipal purposes which has, in accordance with its charter or the general statutes, voted to purchase the same shall have power to take or acquire such real property, within the corporate limits of such municipal corporation, and if such municipal corporation cannot agree with any owner upon the amount to be paid for any real property thus taken, it shall proceed in the manner provided by section 48-12 within six months after such vote or such vote shall be void. (b) In the case of acquisition by a redevelopment agency of real property located in a redevelopment area, except as provided in sections 8-127a , 8-193 and 32-224 , the time for acquisition may be extended by the legislative body upon request of the redevelopment agency, provided the owner of the real property consents to such request. (c) In accordance with the policy established in section 7-603 , any municipal corporation may take property which is located within the boundaries of a neighborhood revitalization zone identified in a strategic plan adopted pursuant to sections 7-601 and 7-602 . The acquisition of such property shall proceed in the manner provided in sections 8-128 to 8-133 , inclusive, and 48-12 .

Legislative History

(1949 Rev., S. 7179; 1959, P.A. 152, S. 64; 1961, P.A. 294; 1971, P.A. 198; P.A. 83-587, S. 58, 96; P.A. 91-398, S. 3, 7; P.A. 95-340, S. 5; P.A. 07-141, S. 20.) History: 1959 act deleted “concerning the condemnation of land for the site of county buildings” following reference to Sec. 48-12, county government having been abolished by the act; 1961 act added reference to powers conferred by the general statutes, imposed six-month deadline for taking action under Sec. 48-12 and specified that unless such action is taken the vote shall be void; 1971 act clarified six-month deadline for taking action by rephrasing provision; P.A. 83-587 made a technical amendment; P.A. 91-398 designated existing language as Subsec. (a), substituted the term “real property” for “real estate” in Subsec. (a) and added Subsec. (b) regarding acquisition by a redevelopment agency of real property located in a redevelopment area; P.A. 95-340 added Subsec. (c) re taking of property located within neighborhood revitalization zones; P.A. 07-141 amended Subsec. (b) to add “except as provided in sections 8-127a, 8-193 and 32-224”, effective June 25, 2007, and applicable to property acquired on or after that date. Cited. 100 C. 411. Challenge of authority's decision must be by procedures under Sec. 48-12. 154 C. 446. Cited. 186 C. 229. Cited. 23 CA 554; 32 CA 611. 6-month time limitation in Subsec. (a) applies only to condemnation proceedings and not to voluntary sales. 94 CA 364. Where referendum question stated that property proposed to be acquired by eminent domain by municipality for a school project would also be used for open space and general government, provisions of section requiring commencement of compensation process within 6 months of referendum apply. 103 CA 369. Establishment of an airport by a town is clearly one of its municipal purposes and proceedings to condemn for such are brought under this section and Sec. 48-12. 9 CS 317. Cited. 20 CS 422.