Sec. 13a-50. Discontinuance of highway by Superior Court.
Sec. 13a-50. Discontinuance of highway by Superior Court. The Superior
Court, on the application of any person, may discontinue any highway in the judicial
district where it is held, which cannot be discontinued by the selectmen; but all questions
arising as to the convenience or necessity of such highway shall, unless the parties agree,
be decided by a committee to be appointed by the court; and any person may appear
and be heard in relation to such application and may remonstrate against the acceptance
of the report of the committee for any irregularity or impropriety in the performance of
its duty. All such applications shall be served as other civil process upon the towns in
which such highway is located. The officer making such service shall also place upon
one or more of the signposts in such town, if any, or at some other exterior place near
the office of the town clerk, a certified copy of such application and citation, at least
twelve days before the session of the court to which the same is returnable, and further
notice shall be given by publishing an advertisement in some newspaper, published in
such judicial district, describing such highway, at least three weeks before the session
of said court.
(1949 Rev., S. 2162; 1958 Rev., S. 13-35; 1963, P.A. 226, S. 50; P.A. 78-280, S. 2, 127; P.A. 84-146, S. 10.)
History: 1963 act replaced previous provisions: See title history; P.A. 78-280 substituted "judicial district" for "county";
P.A. 84-146 included a reference to posting of a copy of the service on a place other than a signpost.
Highway, once established, discontinuable only for new matter. 21 C. 468; 31 C. 601. Public hearing by committee is
not limited to the parties and cannot entirely exclude participation by the public. Statute does not limit the right to challenge
a committee's report to aggrieved persons. 184 C. 483.
Cited. 35 CA 398.