Sec. 25-83a. Reimbursement of public service companies for relocation of facilities in connection with flood control projects.
Sec. 25-83a. Reimbursement of public service companies for relocation of
facilities in connection with flood control projects. Whenever the construction of any
flood control project, including its reservoirs, for which the state has agreed to provide
the necessary lands, easements and rights-of-way, requires the readjustment, relocation
or removal of any public service facility, as defined in section 13a-126, located within,
on, along, over or under any land comprising the right-of-way of a public highway,
the Commissioner of Environmental Protection shall issue an appropriate order to the
company, corporation or municipality owning or operating such facility, and such company, corporation or municipality shall readjust, relocate or remove the same promptly
in accordance with such order, and the cost of such readjustment, relocation or removal,
including the cost of installing and constructing a facility of equal capacity in a new
location, shall be borne by the state. In establishing the cost to be borne by the state,
there shall be deducted from the cost of the readjusted, relocated or removed facilities
a sum based on a consideration of the value of materials salvaged from existing installations, the cost of the original installation, the life expectancy of the original facility and
the unexpired term of such life use. When any facility is removed from the right-of-way
of a public highway to a private right-of-way, the state shall not pay for such private
right-of-way. If the commissioner and the company, corporation or municipality owning
or operating such facility cannot agree upon the cost to be borne by the state, either may
apply to the superior court for the judicial district within which such highway is situated,
or, if said court is not in session, to any judge thereof, for a determination of the cost to
be borne by the state, and said court or such judge, after causing notice of the pendency
of such application to be given to the other party, shall appoint a state referee to make
such determination. Such referee, having given at least ten days' notice to the parties
interested of the time and place of the hearing, shall hear both parties, shall view such
highway, shall take such testimony as he deems material and shall thereupon determine
the amount of the cost to be borne by the state and forthwith report to the court. If the
report is accepted by the court, such determination shall, subject to right of appeal as
in civil actions, be conclusive upon both parties.
(1961, P.A. 595; 1971, P.A. 872, S. 116; P.A. 78-280, S. 2, 127.)
History: 1971 act replaced water resources commission with environmental protection commissioner; P.A. 78-280
substituted "judicial district" for "county".
See Sec. 22a-321 re reimbursement of public service companies for relocation of facilities.