Title 48 — Title 48: Eminent Domain

Sec. 48-1. United States; ceding jurisdiction to. Retrocession of full or partial jurisdiction; concurrent jurisdiction. (a) The consent of the state of Connecticut is given, in accordance with the seventeenth clause, eighth section, of the first article of the Constitution of th…

Sec. 48-10. Damages to be determined by state referee. The determination of the amount of damages in any case brought by the state to condemn land or any interest therein shall be referred to a state referee. (1949 Rev., S. 7178.) This statute applicable in condemnation by state …

Sec. 48-11. Deposit in court pending determination of amount to be paid. Whenever the state takes property under any provision of the general statutes or any special act, and the state and the owner or owners of such property or of any interest therein are unable to agree on the …

Sec. 48-12. Procedure for condemning land. The procedure for condemning land or other property for any of the purposes specified in sections 48-3, 48-6, 48-8 and 48-9, if those desiring to take such property cannot agree with the owner upon the amount to be paid him for any prope…

Sec. 48-13. Inspection and testing prior to condemnation. Upon filing a notice of condemnation of a condemning authority, either before or after the institution of a condemnation proceeding and after reasonable notice to the property owner or owners affected, the Superior Court o…

Sec. 48-14. Value of crops included in damage computation. When any land is taken in eminent domain proceedings authorized under any provision of the general statutes or any special act, the value of any crops upon the land subject to condemnation shall be taken into account in c…

Sec. 48-14a. Apportionment of taxes. When land is taken by eminent domain under the provisions of the general statutes or any special act, and local real estate taxes are apportioned by the condemnor as of the date of condemnation in a manner differing from the common custom, met…

Sec. 48-15. Valuation of flood-damaged property. Whenever any state department or agency had, prior to August 19, 1955, determined upon private property to be condemned for purposes of such department or agency and had filed with any officer of the municipality within which such …

Sec. 48-16. Possession of property pending condemnation proceedings. Section 48-16 is repealed. (1949 Rev., S. 7182; 1967, P.A. 808, S. 3.)

Sec. 48-17. Payment for property taken by condemnation by the state. Any amount found due from the state for property taken by condemnation proceedings, as provided in section 48-12, shall be paid upon order of the Comptroller from the General Fund of the state. (1949 Rev., S. 71…

Sec. 48-17a. Reimbursement of owner for costs, disbursements and expenses on failure or abandonment of condemnation proceeding. The state court having jurisdiction of a proceeding instituted by a state agency to acquire real property by condemnation shall award the owner of any r…

Sec. 48-17b. Inverse condemnation. Plaintiff's award. The state court rendering a judgment for the plaintiff in an inverse condemnation proceeding brought against the state by the owner of real property, or the Attorney General effecting a settlement of any such proceeding, shall…

Sec. 48-17c. Payment of award. Any award made pursuant to section 48-17a or 48-17b shall be paid by the head of the state agency for whose benefit the condemnation proceedings was instituted. (1971, P.A. 518, S. 3.) Cited. 169 C. 195.

Sec. 48-17d. Environmental remediation costs. In all condemnation proceedings, environmental remediation costs shall be considered in assessing fair market value. (P.A. 01-75, S. 2, 3.) History: P.A. 01-75 effective June 6, 2001.

Sec. 48-18. Mode of taking land to enlarge cemetery. The owner of any cemetery who wishes to enlarge its limits by adding land, the title to which he cannot otherwise acquire, may prefer a complaint for the right to take the same to the superior court for the judicial district in…

Sec. 48-19. Unclaimed damages for land taken for railroad or other public use to be kept by State Treasurer for owner. When land is taken for railroad purposes or for any other use public in its character and the amount found due by the court as damages for taking such land is de…

Sec. 48-2. When counties may take land. Section 48-2 is repealed. (1949 Rev., S. 7173; 1959, P.A. 152, S. 99.)

Sec. 48-20. Condemnation of land of incapable person. Whenever any public or private corporation, authorized by law to condemn land for a public use, proceeds to condemn the lands of any infant, cestui que trust or person non compos mentis, such lands may be taken on giving notic…

Sec. 48-21. Notice to encumbrancers of land taken for public use. Payments to encumbrancers. Disputes as to amount due. In any proceeding brought under the provisions of subsection (b) or (e) of section 13a-73 or section 13a-74, 13a-76, 13a-77, 13a-78 or section 19a-645 or subsec…

Sec. 48-22. Joint assessments for particular and remainder estates. Any court before which or judge before whom proceedings are pending for the taking of any real estate for public purposes and for the ascertainment of the compensation for such taking or for damages done to such …

Sec. 48-23. Obtaining possession of land acquired by eminent domain. When, under the provisions of any statute authorizing the condemnation of land in the exercise of the right of eminent domain, an appraisal of damages has been returned to the clerk of the Superior Court, as pro…

Sec. 48-24. Condemning authority to obtain zoning variance for portion of property not taken or take entire unit. A condemning authority, if acquiring less than the total amount of a single unit of contiguous property, shall, if the remaining portion of such property does not con…

Sec. 48-25. Installment payment of awards or sale price. When any property is taken in eminent domain proceedings under the authority of any general statute or special act or is voluntarily sold to any purchaser having such eminent domain power, the owner or owners of the equity …

Sec. 48-26. Condemnor to pay appraisal fees and fees of experts, when. Whenever, in the exercise of the power of eminent domain by any public or private corporation, the award of compensation, damages or benefits by any court exceeds the amount of compensation, damages or benefit…

Sec. 48-27. State referee approval of certain negotiated condemnations. All proposed payments in excess of fifteen thousand dollars for real property obtained by the state for nonhighway purposes shall require state referee approval under the procedure provided in section 13a-74.…

Secs. 48-28 and 48-29. Reserved for future use. PART Ia MISREPRESENTATION OF EMINENT DOMAIN POWER

Sec. 48-3. Town may take land for town house or town hall. Any town may take land which has been fixed upon as a site, or addition to a site, of a town house or a town hall, and which is necessary or convenient for such purposes and for necessary outbuildings and convenient accom…

Sec. 48-30. Misrepresentation of power to acquire property by eminent domain. Unfair or deceptive trade practice. (a) No person who negotiates the acquisition of real property may represent in such negotiation that the person has the power to acquire the property by eminent domai…

Secs. 48-31 to 48-49. Reserved for future use. PART II OMBUDSMAN FOR PROPERTY RIGHTS

Sec. 48-4. Taking land for school purposes; exception. Section 48-4 is repealed. (1949 Rev., S. 7175; 1967, P.A. 720, S. 2.)

Sec. 48-5. Powers of towns in taking land for school purposes. Towns shall have the same powers and be subject to the same regulations as school districts, in taking land for schoolhouses and other school purposes. (1949 Rev., S. 7176.) Cited. 138 C. 88; 148 C. 47. Town could del…

Secs. 48-50 to 48-57. Office of Ombudsman for Property Rights established; duties. Ombudsman for Property Rights; appointment; qualifications. Requests to mediate eminent domain or relocation assistance disputes filed with Office of Ombudsman for Property Rights; regulations; mot…

Sec. 48-6. Time limits for municipal corporations to take real property. Taking of property in neighborhood revitalization zones. (a) Any municipal corporation having the right to purchase real property for its municipal purposes which has, in accordance with its charter or the g…

Sec. 48-7. Town, borough or fire district may condemn land for square, common or park. When any town, borough or fire district votes to acquire any tract of land within its limits for the purpose of a public square, common or park, and cannot obtain such land by agreement with th…

Sec. 48-8. Town may condemn land for records building. Whenever any town in lawful meeting has authorized the erection of a building for the protection of its records against fire, and the selectmen, or a committee appointed for the purpose, fail to agree upon a site for such bui…

Sec. 48-9. Condemnation of land and water for state institutions and courthouses. Subject to the provisions of section 4b-23, the state may take land, or any interest or estate therein, for the site, or for any addition to the site, of any state institution or courthouse, or for …