§ 4b-21 — (Formerly Sec. 4-26). Purchase, sale or exchange of land for the state. Process for disposition of surplus state property.

Connecticut § 4b-21

• Jurisdiction: Connecticut
• Title 4b: State Real Property

Text

(a)(1) Notwithstanding any provision of the general statutes, the Commissioner of Administrative Services may purchase or acquire real property, interests in real property, and other rights in land or water or interest in any such right, on behalf of any state agency that does not otherwise possess the statutory authority to make such purchase or acquisition. Any such purchase or acquisition shall be subject to the approval of the Secretary of the Office of Policy and Management, the State Properties Review Board and the Attorney General. (2) The Commissioner of Administrative Services, with the approval of the State Properties Review Board, may give or obtain an option upon any land or interest therein which is not under the control of the trustees of any state institution, the State Board of Education or the Commissioner of Correction when such action seems advisable. (3) The University of Connecticut may purchase or acquire for the state and may dispose of or exchange any land or interest therein directly. (b) Any state agency, department or institution having custody and control of land, an improvement to land or interest in land, belonging to the state, shall inform the Secretary of the Office of Policy and Management and the municipality where the land is located, in writing, not less than six months before the date when the agency, department or institution anticipates such land, improvement or interest or any part thereof is not needed by the agency, department or institution. Upon receipt of such notification, the secretary, at his or her discretion, shall determine whether the agency, department or institution shall retain custody and control of such land, improvement or interest, or whether such responsibility shall be transferred to the Department of Administrative Services, along with any available funds specifically related to the personnel and other operating expenses required for the maintenance of such land, improvement or interest, and shall notify all state agencies, departments and institutions that such land, improvement or interest is available. (c) (1) Not later than thirty days after receipt of such notification from the secretary, the following agencies shall determine and notify the secretary in writing if the land, improvement or interest serves the following needs: (A) The Commissioner of Economic and Community Development, whether it can be used or adapted for economic development or exchanged for property that can be used for economic development; (B) the Commissioner of Transportation, whether it can be used for transportation purposes; (C) the Commissioner of Energy and Environmental Protection, whether it can be used for open space purposes or to otherwise support the department's mission; (D) the Commissioner of Agriculture, whether it can be used for farming or agricultural purposes; (E) the Commissioner of Veterans Affairs, whether it can be used for veterans' housing; (F) the Commissioner of Children and Families, whether it can be used to support the department's mission; (G) the Commissioner of Developmental Services, whether it can be used to support the department's mission; (H) the Commissioner of Administrative Services, whether it can be used to house state agencies or can be leased; (I) the Commissioner of Housing, whether it can be used as an emergency shelter or transitional living facility for homeless persons, or used for the construction, rehabilitation or renovation of housing for persons and families of low and moderate income; and (J) the Commissioner of Early Childhood, whether it can be used for the provision of early childhood care and early childhood education programs. (2) Not later than thirty days after receipt of such notification from the secretary pursuant to subdivision (1) of this subsection: (A) Any state agency, department or institution that is interested in utilizing the land, improvement or interest shall submit a plan to the secretary that sets forth the proposed use for the land, improvement or interest and a budget and timetable for such use, and (B) if the Commissioner of Housing determines that the land, improvement or interest may be used for the construction, rehabilitation or renovation of housing for persons and families of low and moderate income, the commissioner shall submit a plan to the secretary for any such use of the land, improvement or interest that includes a budget and timetable for any such use. (3) If one or more agencies, departments or institutions submit a plan for such land, improvement or interest to the secretary as specified in subdivision (2) of this subsection, the secretary shall analyze such agency, department or institution plan or plans and determine whether custody and control of the land, improvement or interest shall be transferred to one of such agencies, departments or institutions, in which case the agency, department or institution having custody of the land, improvement or interest shall make such transfer, provided if the Commissioner of Housing submits a plan for the use of such land, improvement or interest for the construction, rehabilitation or renovation of housing for persons and families of low and moderate income, the secretary shall prioritize the review of the commissioner's plan and grant the transfer of the land, improvement or interest to the commissioner unless the secretary states in writing any reason why such transfer is not feasible. (d) If the secretary determines that such land, improvement or interest or part thereof was purchased or improved with proceeds of tax exempt obligations issued or to be issued by the state, the secretary shall notify the Treasurer. If the secretary determines that such land, improvement, interest or part thereof may properly be treated as surplus, the secretary shall, upon the request of the municipality where the land, improvement or interest is located, hold an informational public meeting in such municipality to inform the public about the process for the disposition of surplus property, to provide a description of the land, improvement or interest at issue, to inform the public of its right to submit written comments under section 4b-47 and to allow members of the public the opportunity to comment at the meeting. After holding such meeting, the secretary shall notify the Commissioner of Administrative Services of the secretary's determination regarding whether such land, improvement or interest may be treated as surplus. (e) After receiving notification from the secretary that such land, improvement or interest may be treated as surplus, the Commissioner of Administrative Services shall offer to convey such land, improvement or interest to the municipality in which the land, improvement or interest is located, including, but not limited to, by selling, leasing, exchanging or entering into agreements concerning such land, improvement or interest, provided (1) prior to such conveyance, the municipality by vote of its legislative body accepts such conveyance, and (2) a resolution of such municipal action, verified by the clerk of the municipality, is delivered to the Commissioner of Administrative Services not more than sixty days after receiving notice from the commissioner regarding the proposed conveyance. If the municipality fails to deliver such resolution to the commissioner within such sixty-day period, the municipality shall be deemed to have declined the proposed conveyance, provided the commissioner may extend the sixty-day deadline by not more than an additional thirty days. The municipality shall waive all rights to purchase the land, improvement, interest or part thereof if the municipality declines or is deemed to have declined the conveyance of such land, improvement, interest or part thereof. (f) If the municipality declines or is deemed to have declined the conveyance of the property, the Commissioner of Administrative Services may sell, exchange or lease, or enter into agreements concerning, such land, improvement, interest or part thereof, after complying with the requirements set forth in subsections (g) to (i), inclusive, of this section and using the method of conveyance determined by the Commissioner of Administrative Services to serve the best interests of the state. In making such determination, the commissioner shall consider offering the property to abutting landowners before offering the property for general sale. (g) Prior to selling, exchanging or leasing, or otherwise entering into agreements concerning such property, the commissioner shall notify (1) the municipality or municipalities in which such land, improvement or interest is located, (2) the members of the General Assembly representing such municipality or municipalities, (3) the regional planning organization of the region where the land, improvement or interest is located, (4) the Connecticut Economic Resource Center, and (5) any potential developer of an incentive housing development, as defined in section 8-13m , who has registered with the Commissioner of Housing to be notified of any such state surplus land. In the case of a proposed lease of land, an improvement to land or an interest in land, or any part thereof, with a person, firm or corporation in the private sector, for a term of six months or more, the Commissioner of Administrative Services shall comply with such notice requirement by notifying in writing the chief executive officer of the municipality or municipalities in which the land, improvement or interest is located and the members of the General Assembly representing any such municipality, not less than two weeks before seeking the approvals required under subsection (h) of this section concerning the proposed lease and the manner in which the lessee proposes to use the land, improvement or interest. If a proposed agreement for such a conveyance has not been submitted to the State Properties Review Board pursuant to subsection (h) of this section within one year after the Commissioner of Administrative Services provides the notice to any such municipality and such members of the General Assembly, or if the board does not approve the proposed agreement within two years after such notice, the Commissioner of Administrative Services may not convey such land, improvement or interest without again so notifying any such municipality and such members of the General Assembly. (h) The Commissioner of Administrative Services shall obtain the approval of the proposed agreement for a conveyance of land, improvement, interest or part thereof under this section from (1) the Secretary of the Office of Policy and Management, (2) the State Properties Review Board, (3) the joint standing committees of the General Assembly having cognizance of matters relating to (A) state revenue, and (B) the purchase and sale of state property and facilities, and (4) if such land, improvement, interest or part thereof was purchased or improved with proceeds of tax-exempt obligations issued or to be issued by the state, the Treasurer. The Treasurer may disapprove such a conveyance only if the conveyance would affect the tax-exempt status of such obligations and could not be modified to maintain such tax-exempt status. The Treasurer shall execute and deliver any deed or instrument necessary to convey the title to any property the sale or exchange of which or a contract for the sale or exchange of which is authorized by this section. (i) Upon approval of the proposed action of the Commissioner of Administrative Services by said secretary and board, said commissioner shall request approval of such action by the joint standing committees of the General Assembly having cognizance of matters relating to state revenue and the purchase and sale of state property and facilities. Each committee shall have not more than thirty days from the date such request is received to convene a meeting to vote to approve or disapprove such action or to notify the Commissioner of Administrative Services, in writing, that it is waiving its right to convene a meeting. If such request is withdrawn, altered, amended or otherwise changed, said commissioner shall resubmit such request, and each committee shall have not more than thirty days from the date of such resubmittal to convene a meeting to vote to approve or disapprove such action or to notify the Commissioner of Administrative Services, in writing, that it is waiving its right to convene a meeting. If a committee does not act on a request or the resubmittal of a request, as the case may be, within such thirty-day period or notifies the commissioner that it is waiving its right to convene a meeting prior to the expiration of such thirty-day period, the request shall be deemed to be approved by the committee. (j) Except as provided in subsection (e) of this section, no provision of this section shall be construed to limit, supersede or repeal any other provision of law relating to the powers or duties of any state agency. (k) The requirements of subsections (b) to (i), inclusive, of this section shall not apply to land which the Commissioner of Energy and Environmental Protection has acquired pursuant to 42 USC 9601 et seq., the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (CERCLA). See Sec. 3-14 re management and sale of property by State Treasurer. See Sec. 8-37y re powers of Commissioner of Housing.

Legislative History

(1949 Rev., S. 99; March, 1950, S. 31d; 1969, P.A. 356; 1971, P.A. 17; P.A. 75-425, S. 19, 57; P.A. 77-614, S. 277, 610; P.A. 79-360; P.A. 83-334, S. 2, 3; P.A. 86-414, S. 1, 3; P.A. 87-387, S. 1; 87-496, S. 19, 110; 87-589, S. 72, 87; P.A. 88-290, S. 1, 3; P.A. 89-85; P.A. 92-91, S. 2; P.A. 95-230, S. 34, 45; 95-250, S. 1; 95-354, S. 2, 3; P.A. 96-211, S. 1, 5, 6; 96-235, S. 3, 19; P.A. 97-71, S. 2, 4; June 5 Sp. Sess. P.A. 97-1, S. 4, 20; P.A. 06-189, S. 17; June Sp. Sess. P.A. 07-4, S. 50; P.A. 11-51, S. 44; 11-80, S. 1; P.A. 13-234, S. 2; 13-263, S. 1; P.A. 14-112, S. 2; 14-129, S. 1; P.A. 15-73, S. 2; P.A. 16-167, S. 16; P.A. 17-243, S. 2; P.A. 21-145, S. 8; P.A. 24-91, S. 5; 24-143, S. 4.) History: 1969 act added provision for exchange of property; 1971 act included council of correction among those empowered to acquire and sell land; P.A. 75-425 made section subject to Sec. 4-26b, interposed public works commissioner as agent for acquisition and sale of land and gave public works commissioner and state properties review board rather than governor the power to obtain options on land when general assembly is not in session; P.A. 77-614 replaced council of correction with commissioner of correction and public works commissioner with commissioner of administrative services, effective January 1, 1979; P.A. 79-360 made option effective until August fifteenth following next session rather than until first Wednesday of March of next session; P.A. 83-334 established procedure for sale or exchange of state land by commissioner of administrative services subject to the approval of the secretary of the office of policy and management, properties review board and legislative committees; P.A. 86-414 added provisions in Subsec. (b) concerning use of property for emergency shelters or transitional living facilities; P.A. 87-387 added provisions in Subsec. (b) re compliance by commissioner of administrative services with municipal notice requirement; P.A. 87-496 substituted “public works” for “administrative services” commissioner; P.A. 87-589 made technical change in Subsec. (b); P.A. 88-290 added provisions in Subsec. (b) re transfer of land which can be utilized for low and moderate income housing to the department of housing; Sec. 4-26 transferred to Sec. 4b-21 in 1989; P.A. 89-85 amended Subsec. (b) to require commissioner of public works, before conveying or leasing state land, to notify general assembly members representing municipality or municipalities in which land is located and to require repeat notices to municipality and general assembly members if proposed conveyance not submitted to review board within three years of first notice or board does not approve within five years; P.A. 92-91 amended Subsec. (b) by specifying that real property can be exchanged for property that can be utilized for housing; P.A. 95-230 amended Subsec. (a) to add exception for The University of Connecticut, effective June 7, 1995; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 95-354 divided Subsec. (b) into Subsecs. (b) and (c), amended Subsec. (b) to require agencies to notify Secretary of the Office of Policy and Management, instead of Public Works and Housing Commissioners, of unneeded land, to require that custody of such land be transferred to Public Works Department, to provide for notification of all agencies of availability of such land, to modify procedure for Housing Commissioner to obtain custody of such land for housing purposes and to establish procedure for other agencies to obtain custody of such land, amended Subsec. (c) by inserting lettering and numbering, requiring Secretary of the Office of Policy and Management to notify Public Works Commissioner of surplus land and, if land purchased or improved with state tax exempt obligations, to notify Treasurer, adding Subdiv. (3) re approval by Treasurer, and making other changes for consistency with Subsec. (b), added Subsec. (e) re disposition of proceeds from sale of land, and relettered remaining Subsecs. accordingly, effective July 1, 1995; P.A. 96-235 amended Subsec. (b) by requiring that entity transferring custody and control of land, improvement or interest to Department of Public Works also transfer adequate funding for maintenance of the same, effective June 6, 1996; P.A. 97-71 added Subsec. (g) re an exemption from procedures under this section for the transfer of land acquired by the Commissioner of Environmental Protection under the Comprehensive Environmental Response, Compensation and Liability Act, effective May 27, 1997; June 5 Sp. Sess. P.A. 97-1 deleted Subsec. (e) re 20% allocation to state agencies of funds received from sale of or improvement to land and relettered existing Subsecs. (f) and (g) as Subsecs. (e) and (f), effective July 31, 1997; P.A. 06-189 amended Subsec. (d) to designate the joint standing committees of the General Assembly having authority to approve or disapprove proposed action, change the time for committee consideration from 15 days to 30 days, and provide additional time in case of resubmittal; June Sp. Sess. P.A. 07-4 amended Subsec. (c)(1) to add new Subpara. (C) re notice to potential developer of incentive housing development and made technical changes, effective July 1, 2007; pursuant to P.A. 11-51, “Commissioner of Public Works” and “Department of Public Works” were changed editorially by the Revisors to “Commissioner of Administrative Services” and “Department of Administrative Services”, respectively, effective July 1, 2011; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (f), effective July 1, 2011; pursuant to P.A. 13-234, references to Commissioner of Economic and Community Development were changed editorially by the Revisors to references to Commissioner of Housing, effective June 19, 2013; P.A. 13-263 amended Subsec. (b) to add requirement for state agency, department or institution to notify municipality where land is located that land is not needed, replace provision requiring secretary to arrange transfer with provision giving discretion to secretary whether to transfer or retain custody of land and substitute “any available funds specifically related to the” for “adequate funding for”, redesignated provisions of Subsec. (b) re plan as new Subsec. (c) and amended same to add provision re notification to secretary by various agencies, decrease period for agency notification to secretary that land is needed from 90 to 30 days and delete provisions re determination and submission of plan by Commissioner of Economic and Community Development re certain housing purposes, redesignated existing Subsec. (c) as Subsecs. (d), (f), (g) and (h), amended redesignated Subsec. (d) to add provisions re informational public meeting in municipality where land is located, added new Subsec. (e) re offer to convey land to municipality, amended redesignated Subsec. (f) to add Subparas. (C) and (D) re regional planning organization and Connecticut Economic Resource Center in Subdiv. (1) and to decrease period for submittal to State Properties Review Board from 3 years to 1 year and time period for board approval from 5 years to 2 years before notification process begins again, amended redesignated Subsec. (g) to delete provision re agency, department or institution retaining responsibility for security and maintenance of property until transfer, redesignated existing Subsecs. (d), (e) and (f) as Subsecs. (i), (j) and (k), amended redesignated Subsec. (i) to add provision requiring committee notification of waiving its right to convene meeting, amended redesignated Subsec. (j) to add exception re Subsec. (e), and made technical and conforming changes, effective July 1, 2013; P.A. 14-112 amended Subsec. (a) to delete provisions re purchase or acquisition of state land when General Assembly is not in session, insert Subdiv. (1) re purchase or acquisition of real property or interests or rights in real property on behalf of state agencies, designate existing provision re options as Subdiv. (2) and delete reference to option remaining in force until August 15 following next General Assembly session therein, and designate existing provision re University of Connecticut powers re land and interests in land as Subdiv. (3), effective June 6, 2014; P.A. 14-129 amended Subsec. (c) to replace reference to Commissioner of Housing with reference to Commissioner of Economic and Community Development and delete provision re use as emergency shelter or housing in Subdiv. (1) and to add Subdiv. (9) re Commissioner of Housing and use as emergency shelter or housing, effective June 6, 2014; P.A. 15-73 amended Subsec. (i) to provide that committee notification of waiver of right to convene a meeting is deemed committee approval, effective July 1, 2015; P.A. 16-167 amended Subsec. (c)(5) to replace “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs”, effective July 1, 2016; P.A. 17-243 substantially amended Subsecs. (f) to (h) including to add provisions re using method of conveyance determined by Commissioner of Administrative Services and in making determination commissioner to consider offering property to abutting landowners before offering property for general sale in Subsec. (f), and make technical changes, effective July 11, 2017; P.A. 21-145 amended Subsec. (e) to change references from 120 days to 60 days and maximum extension of deadline from 60 days to 30 days, effective July 1, 2021; P.A. 24-91 amended Subsec. (c) to add Subdiv. (10), codified by the Revisors as Subdiv. (1)(J), re Commissioner of Early Childhood and use for provision of early childhood care and early childhood education programs, effective July 1, 2024; P.A. 24-143 amended Subsec. (c) by designating existing provisions as new Subdivs. (1) to (3), amended new Subdiv. (1) by redesignating existing Subdivs. (1) to (9) as Subparas. (A) to (I), amended new Subdiv. (2) to add provisions re Commissioner of Housing submit plan for development if commissioner determines surplus state land may be used for housing for persons and families of low and moderate income and to make a conforming change, and amended new Subdiv. (3) to require that Secretary of the Office of Policy and Management prioritize review of such plan and to make a conforming change.