Bill Text: CT HB06567 | 2011 | General Assembly | Introduced

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Bill Title: An Act Concerning The Disposition Of Excess State Property Acquired For Transportation Purposes, And Making Technical Revisions To Real Property Acquisition And Condemnation Procedures.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-03-10 - Public Hearing 03/14 [HB06567 Detail]

Download: Connecticut-2011-HB06567-Introduced.html

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General Assembly		Raised Bill No. 6567
January Session, 2011		LCO No. 4113
		*04113_______TRA*
Referred to Committee on Transportation
Introduced by:
(TRA)

AN ACT CONCERNING THE DISPOSITION OF EXCESS STATE PROPERTY ACQUIRED FOR TRANSPORTATION PURPOSES, AND MAKING TECHNICAL REVISIONS TO REAL PROPERTY ACQUISITION AND CONDEMNATION PROCEDURES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 13a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) The [commissioner] Commissioner of Transportation, with the advice and consent of the Secretary of the Office of Policy and Management and the State Properties Review Board may sell, lease and convey, in the name of the state, or otherwise dispose of, or enter into agreements concerning, any land and buildings owned by the state and obtained for or in connection with highway purposes or for the efficient accomplishment of the foregoing purposes or formerly used for highway purposes, which real property is not necessary for such purposes. The commissioner shall notify the state representative and the state senator representing the municipality in which said property is located within one year of the date a determination is made that the property is not necessary for highway purposes and that the department intends to dispose of the property.

(b) The Department of Transportation shall obtain a full appraisal on excess property prior to its sale and shall hold a public bid or auction for all properties determined to be legal lots of record. [Except as provided in subsection (c) of this section, transfers] If the department does not receive any bids at the initial public bid or auction, it may continue to market the property and accept offers for sale, or hold another bid or auction. Transfers to other state agencies and municipalities for purposes specified by the department shall be exempt from the appraisal requirement. The department shall offer parcels which are legal lots of record to other state agencies prior to a public bid or auction and shall offer parcels which are not legal lots of record to all abutting landowners in accordance with department regulations. If the sale or transfer of property pursuant to this section results in the existing property of an abutting landowner becoming a nonconforming use as to local zoning requirements, the Commissioner of Transportation may sell or transfer the property to such abutting landowner without public bid or auction. The department shall obtain a second appraisal if such property is valued over [one] two hundred fifty thousand dollars and is [not] to be sold [through public bid or auction] to an abutting landowner or in accordance with the provisions of subsection (c) of this section. Any appraisals [or value reports] shall be obtained prior to the determination of a sale price of the excess property.

(c) Notwithstanding the provisions of sections 3-14b and 4b-21, no residential property upon which a single-family dwelling is situated at the time it is obtained by the department for highway purposes may be sold or transferred pursuant to this section within twenty-five years of the date of its acquisition without the department's first offering the owner or owners of the property at the time of its acquisition a right of first refusal to purchase the property at the amount of its appraised value as determined in accordance with the provisions of subsection (b) of this section. [, except for property offered for sale to municipalities prior to July 1, 1988.] Notice of such offer shall be sent to each such owner by registered or certified mail, return receipt requested, within one year of the date a determination is made that such property is not necessary for highway purposes. Any such offer shall be terminated by the department if it has not received written notice of the owner's acceptance of the offer within sixty days of the date it was mailed. [Whenever the offer is not so accepted, the department shall offer parcels which meet local zoning requirements for residential or commercial use to other state agencies and shall offer parcels which do not meet local zoning requirements for residential or commercial use to all abutting landowners in accordance with department regulations. If the sale or transfer of the property pursuant to this section results in the existing property of an abutting landowner becoming a nonconforming use as to local zoning requirements, the Commissioner of Transportation may sell or transfer the property to that abutter without public bid or auction.] The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing procedures for the disposition of excess property pursuant to the provisions of this subsection in the event such property is owned by more than one person.

(d) Where the department has in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under subsection (c) of this section and mailed notice to the last known address of record of those ascertained, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this section.

Sec. 2. Section 13a-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) "Real property", as used in this section, includes land and buildings and any estate, interest or right in land.

(b) The [commissioner] Commissioner of Transportation may take any [land] real property he finds necessary for the layout, alteration, extension, widening, change of grade or other improvement of any state highway or bridge, or for a highway maintenance storage area or garage and the owner of such [land] real property shall be paid by the state for all damages, and the state shall receive from such owner the amount or value of all benefits, resulting from such taking, layout, alteration, extension, widening, change of grade or other improvement. The use of any [site] real property acquired for highway maintenance storage area or garage purposes by condemnation shall conform to any zoning ordinance or development plan in effect for the area in which such [site] real property is located, provided the commissioner may be granted any variance or special exception as may be made pursuant to the zoning ordinances and regulations of the town in which any such [site] real property is to be acquired. The assessment of such damages and of such benefits shall be made by the commissioner and filed [by him] with the clerk of the superior court for the judicial district in which the [land] real property affected is located. The commissioner shall give notice of such assessment to each person having an interest of record therein by mailing to each a copy of the same, postage prepaid, and, at any time after such assessment has been made by the commissioner, the physical construction of such layout, alteration, extension, widening, maintenance storage area or garage, change of grade or other improvement may be made. If notice cannot be given to any person entitled thereto because [his] such person's whereabouts or existence is unknown, notice may be given by publishing a notice at least twice in a newspaper published in the judicial district and having a daily or weekly circulation in the town in which the property affected is located. Any such published notice shall state that it is a notice to the last owner of record or [his] such owner's surviving spouse, heirs, administrators, assigns, representatives or creditors if [he] such person is deceased, and shall contain a brief description of the real property taken. Notice shall also be given by mailing to each such person at his last-known address, by registered or certified mail, a copy of such notice. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and [reciting] the steps taken to establish the address of any such person shall be filed with the clerk of the court and accepted in lieu of service of such notice by mailing the same to the last known address of such person. Upon filing an assessment with the clerk of the court, the commissioner shall forthwith sign and file for record with the town clerk of the town in which such real property is located a certificate setting forth the fact of such taking, a description of the real property so taken and the names and residences of the owners from whom it was taken. Upon the filing of such certificate, title to such real property in fee simple shall vest in the state of Connecticut, except that, if it is so specified in such certificate, a lesser estate, interest or right shall vest in the state. The commissioner shall permit the last owner of record of such real property upon which a residence is situated to remain in such residence, rent free, for a period of one hundred twenty days after the filing of such certificate.

(c) The commissioner may purchase any [land] real property and take a deed thereof in the name of the state when such [land] real property is needed in connection with the layout, construction, repair, reconstruction or maintenance of any state highway or bridge, and any [land or buildings or both] real property, necessary, in the commissioner's opinion, for the efficient accomplishment of the foregoing purpose, and may further, when the commissioner determines that it is in the best interests of the state, purchase, lease or otherwise arrange for the acquisition or exchange of [land or buildings or both] real property for [use as a] highway purposes, including, but not limited to, a highway maintenance storage area or garage, provided any purchase of such [land or land and buildings] real property in an amount in excess of the sum of one hundred thousand dollars shall be approved by a state referee. The commissioner, with the advice and consent of the Attorney General, may settle and compromise any claim by any person, firm or corporation claiming to be aggrieved by such layout, construction, reconstruction, repair or maintenance by the payment of money, the transfer of other [land] real property acquired for or in connection with highway purposes, including, but not limited to, a highway maintenance storage area or garage, or otherwise.

(d) The commissioner may purchase or take in the name of the state any [land, buildings, interest in land, easements or other rights he] real property the commissioner finds necessary for the layout, construction, maintenance or use of roads or bridges authorized by section 13a-5, under the provisions of this title relating to the purchase and taking of [land] real property for state highways. Any person aggrieved by any such action of the commissioner shall have the same rights of appeal as provided in this title in relation to the taking of [land] real property by the commissioner. [for highway purposes.]

(e) The commissioner may take any [land] real property (1) which is necessary for the construction of any ditch, drain, gutter or other structure which is required for the purpose of draining any state highway; or (2) which is required for the purpose of preserving any historical monument or memorial, the removal of which is made necessary by the construction or reconstruction of a state highway. The commissioner may assess benefits and damages caused by any such construction and for the taking of any such [land] real property under the provisions of subsection (b) of this section and sections 13a-74, 13a-76, 13a-77 and 13a-78 and any person aggrieved by the assessment of any such benefits or damages shall be entitled to the relief provided for in said sections.

(f) The commissioner may take or purchase rights of access to and egress from [land] real property abutting any highway or land taken or purchased as right-of-way therefor, or any other highway for the purpose of protecting the functional characteristics of any state highway or state highway appurtenances or safety of the traveling public to and from any state highway or state highway appurtenances when in his judgment such limitation of access is necessary to permit the convenient, safe and expeditious flow of traffic. Such taking or purchase shall be in the same manner [and with like powers as authorized and exercised by said commissioner in taking or purchasing real property for state highway purposes] provided in this title in relation to the taking of real property by said commissioner.

(g) When the Commissioner of Transportation finds it necessary that real property, the title to which is in the state of Connecticut and which is under the custody and control of any state department, commission or institution, be taken for the purpose of drainage, construction, alteration, reconstruction, improvement, relocation, widening and change of grade of any highway to be constructed under his supervision, he shall petition the Secretary of the Office of Policy and Management that custody of such real property be transferred to him as Commissioner of Transportation. Such petition shall set forth the necessity for such transfer and control. The Secretary of the Office of Policy and Management shall present such petition to the department, commission or institution having custody and control of such real property, and, upon the recommendation of, and subject to such consideration as may be required by, such department, commission or institution and with the approval of the Secretary of the Office of Policy and Management, such department, commission or institution shall transfer the custody and control of such real property to the Commissioner of Transportation for the purposes required.

(h) All sales or exchanges of surplus real property by the Department of Transportation and matters dealing with the initial acquisition of any existing mass transit system or the purchase or sale of properties acquired in connection with any state highway system or mass transit system shall be subject to review and approval of the State Properties Review Board except that those acquisitions and administrative settlements relating to such properties which involve sums not in excess of five thousand dollars shall be reported to the board by the Commissioner of Transportation but shall not be subject to such review and approval. The Commissioner of Public Works shall be informed for inventory purposes of any transfer effectuated in connection with this section. The State Properties Review Board shall not grant such approval if the Department of Transportation has failed to comply with any applicable statutes in connection with the proposed action.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2011	13a-80
Sec. 2	October 1, 2011	13a-73

Statement of Purpose:

To make the transfer of excess state property less difficult and costly, and to provide consistency in the use of certain language and terms concerning condemnation and disposal of excess real property.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]