Sec. 48-12. Procedure for condemning land. - Connecticut Statutes

      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 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.

      (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.)

      History: 1959 act applied provisions to municipal corporations, deleted references to county commissioners and counties, county government having been abolished by the act, added reference to Sec. 48-6 and deleted reference to repealed Sec. 48-2; 1961 act authorized state referee to rule on condemnation of land; 1967 act deleted detailed provisions re procedure for condemnation of land, requiring instead that procedure shall be that "specified for redevelopment agencies in accordance with sections 8-128, 8-129, 8-130, 8-131, 8-132, 8-132a and 8-133"; 1972 act deleted reference to condemnation of land or property for purposes of Sec. 48-4, the section having been repealed.

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

      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. See note to Conn. Const., Art. 1, Sec 11. 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 C. 38; 82 C. 460; 92 C. 32 ff. Appeal from appointment of appraisers. 75 C. 237; Id., 325; 78 C. 1; 85 C. 663. Judgment accepting report not to direct payment of damages when. 75 C. 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 C. 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, 382. What costs should be allowed. 100 C. 412. Assessment of damages by subdivision of municipality; limited scope of this section. Id., 606; Id., 408; 109 C. 632. Interest runs from time land is actually appropriated, not from time condemnation proceedings are instituted. 108 C. 370. Cited. 116 C. 124; 124 C. 32; 137 C. 443. Inability to agree is a condition precedent to relief under the 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. The question as to when a taking is complete is one of substantive law and depends upon the law of each state. 148 C. 47. Under this section the 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 section 48-16 to enter into possession pending the condemnation proceedings. Id. 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 C. 446. Eminent domain cases are referred to referees by special statutory provision, so consent of parties is not required. 164 C. 360. Court found six-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 CA 554. Cited. 32 CA 611.

      County commissioner must bring condemnation proceedings in the name of the county. 6 CS 142. Cited. 9 CS 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. This 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. See note to 48-6. Cited. 20 CS 422.