Sec. 13a-103. Complaint to court for failure of town to maintain highway. - Connecticut Statutes

      Sec. 13a-103. Complaint to court for failure of town to maintain highway. Whenever any town fails to keep any highway within such town in good and sufficient repair or whenever the selectmen of any town fail to remove or cause to be removed any encroachments upon any highway in such town or to make such alterations or improvements therein as may be required by common convenience or necessity, the superior court for the judicial district in which such highway is located, upon the written complaint of six or more citizens of this state under oath, after due inquiry made by it, shall appoint a time and place when and where all persons interested may appear and be heard upon the propriety of such repairs, or of the removal of such encroachments, or of the making of such alterations and improvements. If a time and place for hearing is set by the court, the clerk shall deliver to the complainants or their attorneys the documents set forth in this section for service by a proper officer. Notice shall be given to the first selectman of such town and to the person or persons maintaining such encroachments by causing a true and attested copy of such complaint, accompanied with a summons notifying such parties of such time and place, to be left with each of such parties, or at his usual place of abode, by some proper officer at least six days inclusive before the day appointed for the hearing; but, before issuing any summons on such complaint, the court shall require of the complainants a sufficient bond for costs to the adverse parties and may, any time thereafter, require further bond for such costs. If the court finds that such highway should be repaired or that such encroachments should be removed or that such alterations and improvements should be made, it shall order the selectmen of such town to cause such highway to be repaired and such encroachments to be removed and such alterations and improvements to be made, and shall prescribe the manner and extent of such repairs and of the removal of such encroachments and of the making of such alterations and improvements and the time within which the work shall be done, and may, for reasonable cause, extend such time. The court shall assess the benefits resulting from such repairs or removal of encroachments or such alterations and improvements against any of the parties to be benefited, including such town. Such benefits as to such parties other than such town may be collected in the same manner as town taxes are collected.

      (1949 Rev., S. 2127; 1958 Rev., S. 13-12(a); 1959, P.A. 152, S. 35; 674, S. 1; 1963, P.A. 226, S. 103; P.A. 76-436, S. 337, 681; P.A. 78-280, S. 1, 127; P.A. 98-81, S. 2.)

      History: 1959 acts substituted common pleas court for county commissioners to take jurisdiction of petition, removed requirement petition be endorsed and approved by state's attorney after inquiry by him, removed power of county commissioners to cause repairs to be made and added provisions re assessment of benefits resulting from repairs, removals etc. against parties to be benefited; 1963 act replaced previous provisions: See title history; P.A. 76-436 substituted superior court for court of common pleas and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 98-81 added provision re delivery by clerk to complainants or their attorneys of documents for service by proper officer, if time and place for hearing is set by court.

      Under former statute: Agent for repair of road not personally liable for expense of repair. 3 C. 564. Complaint by state's attorney for replacement of bridge not maintainable. 9 C. 35. Condition of highway may be compared with others similar. 67 C. 536. Condition of highway a question of fact. Id., 537. Whether a road is a public highway is a question of fact, to be determined by the commissioners and superior court. 70 C. 102. Want of repair question of fact; construction of new highway at elevation above old held not a repair. 75 C. 271. Applied to road laid out by railroad commissioners. 76 C. 58. Cited. 127 C. 57. Appeal from order directing town to repair road continued on court docket pending determination of question whether such town had effectively discontinued such road. 148 C. 113. Where town discontinued a highway under section 13a-49, plaintiff user allowed recovery where his only access to public highway was cut off by discontinuance. 158 C. 276. Town is responsible hereunder only for highways which have been dedicated in accordance with the statutes. Sections 13a-48, 13a-71 and 8-25 may not be circumvented by claims of a common law dedication. 159 C. 107. An unimproved portion of a road was not a public highway and no municipal duty arose with respect to it since there had been no express or implied dedication and acceptance of the property. 180 C. 435. Cited. 234 C. 390.

      Cited. 5 CA 448. Cited. 12 CA 153. Cited. 17 CA 111. Cited. 29 CA 18.

      Cited. 11 CS 429. Section will not avail those seeking to have highway boundaries defined. 15 CS 404.