Conn. Gen. Stat. § 4b-21

Current with legislation from the 2024 Regular and Special Sessions.

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

(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

(10)[sic] 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).

Conn. Gen. Stat. § 4b-21

(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 .)

Amended by P.A. 24-0143,S. 4 of the Connecticut Acts of the 2024 Regular Session, eff. 10/1/2024.

Amended by P.A. 24-0091,S. 5 of the Connecticut Acts of the 2024 Regular Session, eff. 7/1/2024.

Amended by P.A. 21-0145, S. 8 of the Connecticut Acts of the 2021 Regular Session, eff. 7/1/2021.

Amended by P.A. 17-0243, S. 2 of the Connecticut Acts of the 2017 Regular Session, eff. 7/11/2017.

Amended by P.A. 16-0167, S. 16 of the Connecticut Acts of the 2016 Regular Session, eff. 7/1/2016.

Amended by P.A. 15-0073, S. 2 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.

Amended by P.A. 14-0129, S. 1 of the Connecticut Acts of the 2014 Regular Session, eff. 6/6/2014.

Amended by P.A. 14-0112, S. 2 of the Connecticut Acts of the 2014 Regular Session, eff. 6/6/2014.

See Sec. 3-14 re management and sale of property by State Treasurer. See Sec. 8-37y re powers of Commissioner of Housing.