Conn. Gen. Stat. § 48-12

Current with legislation from the 2023 Regular and Special Sessions.
Section 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 property thus taken, shall be as follows: The Comptroller in the name of the state, any town, municipal corporation or school district, or the trustees or directors of any state institution in the name of the state, shall proceed in the same manner specified for redevelopment agencies in accordance with sections 8-128, 8-129, 8-129a, 8-130, 8-131, 8-132, 8-132a and 8-133.

Conn. Gen. Stat. § 48-12

(1949 Rev., S. 7181; 1959, P.A. 152, S. 65; 1961, P.A. 413; 1967, P.A. 808, S. 1; 1972, P.A. 294, S. 34.)

Necessity of finding a failure to agree. 69 C. 438; 72 C. 492; 80 C. 38; 85 C. 604; 86 C. 658. Injunction to restrain taking of land till compensation is made. 70 C. 616; 82 C. 157. Interest on award. 72 C. 277; 75 C. 239; 82 C. 51; Id., 379; 84 C. 122; 85 C. 552; 95 C. 6, 9; 108 C. 370. When motion to dismiss application lies. 72 C. 692. Proceedings before appraisers and on report. 74 C. 452; 75 C. 237; 76 C. 565; 79 C. 526; Id., 606; 80 Conn. 38; 82 C. 460; 92 C. 32. Appeal from appointment of appraisers. 75 Conn. 237; Id., 325; 78 C. 1; 85 C. 663. When judgment accepting report not to direct payment of damages. 75 Conn. 239. Just compensation. Id., 239; 76 C. 435; 82 C. 378; Id., 460; 92 C. 33. When application may be made to judge. 85 C. 602. Power of legislature to delegate determination of necessity to subordinate bodies. 86 C. 157; 100 Conn. 411. Necessity means a reasonable necessity. 86 C. 361. Notice of application; should describe property with certainty. Id.; 113 C. 655. Prayer for relief. 87 C. 199. All legal requirements must be complied with, and such compliance must appear on face of papers. 92 C. 435; 95 C. 3. Not necessary to include separate tracts of land in one petition if direct damage to one and consequential damage to the other. Id., 381. What costs should be allowed. 100 C. 412. Assessment of damages by subdivision of municipality; limited scope of section. Id., 606; Id., 408; 109 Conn. 632. Interest runs from time land is actually appropriated, not from time condemnation proceedings are instituted. 108 Conn. 370. Cited. 116 C. 124; 124 Conn. 32; 137 C. 443. Inability to agree is a condition precedent to relief under statute. 138 C. 82. Cited. Id., 372. Proper to consider existence of going business on land as indicative of highest economic use to which land may be put. 139 C. 73. Cited. 141 C. 135. Damage must be peculiar to land in connection with which it is claimed and not damage which is suffered by landowners in general. 145 C. 196. Cited. 146 C. 55. Question as to when a taking is complete is one of substantive law and depends upon the law of each state; under section, petitioner is not entitled to possession of the land before the amount of the judgment has been paid or deposited with the State Treasurer unless permission has been granted under Sec. 48-16 to enter into possession pending the condemnation proceedings. 148 Conn. 47. Court found that where negotiations with one co-owner fail, there is no necessity for further negotiations with the owner. 151 C. 633. Cited. 153 C. 292. Adequate remedy at law is here provided; parties not entitled to seek injunction or other equitable relief. 154 Conn. 446. Eminent domain cases are referred to referees by special statutory provision, so consent of parties is not required. 164 Conn. 360. Court found 6-month time period specified in Sec. 48-6 to apply and not the reasonableness time standard of Sec. 8-128 in case involving condemnation of land by a town. 256 C. 557. Cited. 23 Conn.App. 554; 32 Conn.App. 611. County commissioner must bring condemnation proceedings in the name of the county. 6 CS 142. Cited. 9 Conn.Supp. 317. Report of committee recommitted when it set forth the interest each party had in the property and made no finding of each in the award. Id., 484. Section expressly recognizes the right of a town to withdraw the proceedings even after possession of the property has been turned over. 16 CS 230. Condemnation proceedings can be instituted only by those on whom the requisite authority has been conferred by the legislature; such authority is strictly construed in favor of the owner of the property taken and against the condemnor; a municipality does not have the power of eminent domain which is vested in a parking authority. 19 CS 47. Cited. 20 Conn.Supp. 422.

See Sec. 27-45 re state's authority to take land for purpose of locating permanent armories.