Sec. 13a-70. Bond to construct highway when application pending in court.
Sec. 13a-70. Bond to construct highway when application pending in court.
When an application is pending before the Superior Court for the laying out or alteration
of any highway, any person interested therein may execute a penal bond with surety,
payable to the defendant town or towns, conditioned that the obligors will, for a specified
sum, make or alter such highway in a specified time and manner, constructed and graded
to the satisfaction of the Commissioner of Transportation, or convey to such town or
towns the right-of-way therefor; which bond shall be executed by persons owning real
estate in fee simple, situated in this state, in value double the amount of the penal sum
in such bond, and shall be binding upon the obligors therein to the full amount of such
penal sum, as liquidated damages; and the committee may receive and hold it until it
reports its doings to said court, and regard it as evidence in determining the expense of
constructing or altering such highway; and, if it reports favorably upon such application,
it shall deliver such bond to such town or towns, otherwise to the obligor as therein
named. In an action on such a bond payable to several towns, they may join and the
court shall determine the amount to be paid to each. When any highway has been so
constructed in whole or in part, no money for labor thereon shall be paid, unless with
the approval of the selectmen of the town, or unless such road has been constructed and
graded to the satisfaction of the commissioner.
(1949 Rev., S. 2161; 1958 Rev., S. 13-47; 1961, P.A. 517, S. 75; 1963, P.A. 226, S. 70; 1969, P.A. 768, S. 82; 1971,
P.A. 870, S. 32; P.A. 76-436, S. 335, 681.)
History: 1961 act substituted highway commissioner for county commissioners, latter office having been abolished in
1959; 1963 act replaced previous provisions: See title history; 1969 act substituted commissioner of transportation for
highway commissioner; 1971 act substituted court of common pleas for superior court, effective September 1, 1971, except
that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 substituted
superior court for court of common pleas, effective July 1, 1978.
Giving of bond not sufficient to support new petition for road once rejected. 35 C. 526. Bond may be amended. 45 C.
237. Form of bond. 48 C. 288. Bond may be given where highway includes draw bridge. 50 C. 250.
Cited. 11 CS 429.