Sec. 52-446. Petition to flow land; contents; procedure. - Connecticut Statutes

      Sec. 52-446. Petition to flow land; contents; procedure. When any person who has set up or desires to set up a water mill on his own land, or on land of another with his consent, desires to build or raise a dam on any land of his own, or of another with his consent, in order to create or improve a waterpower by means of a pond or reservoir, for the benefit of such mill, which dam would flow water upon land belonging to any other person, or to secure the right to build or improve discharge-ditches, to carry off the water flowing from his mill; or when any owner of any water mill, on any stream flowing out of a natural pond, desires, with the consent of the owner of the outlet of such pond, to build or raise a dam across such stream or outlet for working such mill; or when the owner of any waterpower and dam desires to conduct the water from such dam across the land of another to some point on his own land for milling purposes; or when the owner of any mill desires to deepen any watercourse below his mill, or the raceway conducting the water from such mill, in such a way as not to affect the interests of any other owner of any dam, mill or mill privilege situated on or receiving water from such watercourse; then, if such person, desiring to make any such erections or improvements, cannot agree with the owner of any land which will be affected by the same, as to the damages to be paid to him therefor, he may bring his petition against such owner to the superior court for the judicial district where the land to be overflowed or taken, or any part of it, lies; which petition shall contain such a description of the land to be overflowed or taken, and of the dam or other improvement proposed, its location and proposed height and dimensions, that the record will show with certainty the matter to be determined. Mesne process on any such petition shall be a writ of summons, describing the parties, the court to which it is returnable and the time and place of appearance, and shall be signed as in other civil actions and may run into any judicial district.

      (1949 Rev., S. 8188; P.A. 78-280, S. 2, 127.)

      History: P.A. 78-280 substituted "judicial district" for "county".

      See Sec. 13a-54 re abandonment of highway for construction of dam.

      See Sec. 22a-403 re permits necessary to build, alter, repair, etc. dams and other structures.

      This statute is constitutional. 33 C. 550; 34 C. 84; 87 C. 432. It is to be strictly construed. 35 C. 510; 36 C. 317. A mill owner may sue without joining a tenant at will. 33 C. 552. Joinder of respondents. Id., 89, 356. One who desires to let the waterpower, when obtained, to third parties, may sustain a petition. 35 C. 511. The petition will not be defeated by proof that the petitioner has already wrongfully appropriated the privilege he seeks to obtain. 33 C. 552. Proof of failure to agree. 34 C. 86. The petitioner's mill need not be on or contiguous to the land where he seeks to build his dam. Id., 85. Attempt to extend Flowage Act to the creation of a pond from which to take ice, held ineffective; law to be strictly construed. 65 C. 322. Right to flow land under this statute too remote an element of damage to be considered in proceedings to condemn water rights. 75 C. 248. Nature of proceedings. 87 C. 205. Waterpower created and maintained under Flowage Act is not protected from condemnation proceedings; but quaere if it is devoted to a public use at time of condemnation. 92 C. 220. Cited. 95 C. 91 et seq.