Sec. 8-129. Agency to determine compensation and file with Superior Court and town clerks; notice to owners and interested parties. Possession of land. Certificate of taking.
Sec. 8-129. Agency to determine compensation and file with Superior Court
and town clerks; notice to owners and interested parties. Possession of land. Certificate of taking. (a)(1) The redevelopment agency shall determine the compensation to
be paid to the persons entitled thereto for real property to be acquired by eminent domain
pursuant to section 8-128.
(2) For any real property to be acquired by eminent domain pursuant to section 8-128 or 8-193, or by condemnation pursuant to section 32-224, pursuant to a redevelopment plan approved under this chapter or a development plan approved under chapter
132 or 588l, the agency shall have two independent appraisals conducted on the real
property in accordance with this subdivision. Each appraisal shall be conducted by a
state-certified real estate appraiser without consultation with the appraiser conducting
the other independent appraisal, and shall be conducted in accordance with generally
accepted standards of professional appraisal practice as described in the Uniform Standards of Professional Appraisal Practice issued by the Appraisal Standards Board of the
Appraisal Foundation pursuant to Title XI of FIRREA and any regulations adopted
pursuant to section 20-504. Each appraiser shall provide a copy of the appraisal to the
agency and the property owner. The amount of compensation for such real property
shall be equal to the average of the amounts determined by the two independent appraisals, except that the compensation for any real property to be acquired by eminent domain
pursuant to section 8-193 or by condemnation pursuant to section 32-244 shall be one
hundred twenty-five per cent of such average amount. If the agency acquires real property that is subject to this subdivision five years or more after acquiring another parcel
of real property within one thousand feet of the property pursuant to a redevelopment
plan or development plan, the agency shall increase the amount of compensation for
the subsequent acquisition of real property by an additional five per cent for each year
from the sixth year until the tenth year after the acquisition of the first parcel of real
property. With respect to a redevelopment plan or development plan for a project that
is funded in whole or in part by federal funds, the provisions of this subdivision shall
not apply to the extent that such provisions are prohibited by federal law.
(3) The redevelopment agency shall file a statement of compensation, containing
a description of the property to be taken and the names of all persons having a record
interest therein and setting forth the amount of such compensation, and a deposit as
provided in section 8-130, with the clerk of the superior court for the judicial district in
which the property affected is located.
(b) Upon filing such statement of compensation and deposit, the redevelopment
agency shall forthwith cause to be recorded, in the office of the town clerk of each
town in which the property is located, a copy of such statement of compensation, such
recording to have the same effect and to be treated the same as the recording of a lis
pendens, and shall forthwith give notice, as provided in this section, to each person
appearing of record as an owner of property affected thereby and to each person appearing of record as a holder of any mortgage, lien, assessment or other encumbrance
on such property or interest therein (1) in the case of any such person found to be residing
within this state, by causing a copy of such notice, with a copy of such statement of
compensation, to be served upon each such person by a state marshal, constable or
indifferent person, in the manner set forth in section 52-57 for the service of civil process,
and (2) in the case of any such person who is a nonresident of this state at the time of
the filing of such statement of compensation and deposit or of any such person whose
whereabouts or existence is unknown, by mailing to each such person a copy of such
notice and of such statement of compensation, by registered or certified mail, directed
to such person's last-known address, and by publishing such notice and such statement
of compensation at least twice in a newspaper published in the judicial district and
having daily or weekly circulation in the town in which such property is located. Any
such published notice shall state that it is notice to the widow or widower, heirs, representatives and creditors of the person holding such record interest, if such person is dead. If,
after a reasonably diligent search, no last-known address can be found for any interested
party, an affidavit stating such fact, and reciting the steps taken to locate such address,
shall be filed with the clerk of the superior court and accepted in lieu of mailing to the
last-known address.
(c) Not less than thirty-five days or more than ninety days after such notice and
such statement of compensation have been so served or so mailed and first published,
the redevelopment agency shall file with the clerk of the superior court a return of notice
setting forth the notice given and, upon receipt of such return of notice, such clerk shall,
without any delay or continuance of any kind, issue a certificate of taking setting forth
the fact of such taking, a description of all the property so taken and the names of the
owners and of all other persons having a record interest therein. The redevelopment
agency shall cause such certificate of taking to be recorded in the office of the town
clerk of each town in which such property is located. Upon the recording of such certificate, title to such property in fee simple shall vest in the municipality, and the right to
just compensation shall vest in the persons entitled thereto. At any time after such certificate of taking has been so recorded, the redevelopment agency may repair, operate or
insure such property and enter upon such property, and take any action that is proposed
with regard to such property by the project area redevelopment plan.
(d) The notice required in subsection (b) of this section shall state that (1) not less
than thirty-five days or more than ninety days after service or mailing and first publication thereof, the redevelopment agency shall file, with the clerk of the superior court
for the judicial district in which such property is located, a return setting forth the notice
given, (2) upon receipt of such return, such clerk shall issue a certificate for recording
in the office of the town clerk of each town in which such property is located, (3) upon
the recording of such certificate, title to such property shall vest in the municipality, the
right to just compensation shall vest in the persons entitled thereto and the redevelopment
agency may repair, operate or insure such property and enter upon such property and
take any action that may be proposed with regard thereto by the project area redevelopment plan, and (4) such notice shall bind the widow or widower, heirs, representatives
and creditors of each person named in the notice who then or thereafter may be dead.
(e) When any redevelopment agency acting on behalf of any municipality has acquired or rented real property by purchase, lease, exchange or gift in accordance with
the provisions of this section, or in exercising its right of eminent domain has filed a
statement of compensation and deposit with the clerk of the superior court and has
caused a certificate of taking to be recorded in the office of the town clerk of each town
in which such property is located as provided in this section, any judge of such court
may, upon application and proof of such acquisition or rental or such filing and deposit
and such recording, order such clerk to issue an execution commanding a state marshal
to put such municipality and the redevelopment agency, as its agent, into peaceable
possession of the property so acquired, rented or condemned. The provisions of this
subsection shall not be limited in any way by the provisions of chapter 832.
(1955, S. 489d; November, 1955, S. N32; 1957, P.A. 270, S. 1; 1959, P.A. 397, S. 3; 1961, P.A. 231, S. 1; 1969, P.A.
226, S. 1; P.A. 78-280, S. 15, 127; P.A. 00-99, S. 24, 154; P.A. 04-257, S. 92; P.A. 07-141, S. 8.)
History: 1959 act added maximum period of 90 days after notice and statement of compensation served for agency to
file return of notice, authorized agency to repair, operate or insure property, added property acquired or rented as well as
condemned to provisions of section and exempted section from limitation by provisions of chapter 922; 1961 act set out
procedure where last-known address of party to be notified is unknown; 1969 act deleted all references to bonds posted
by development agencies; P.A. 78-280 replaced "county" with "judicial district" throughout section; P.A. 00-99 changed
references to sheriff and deputy sheriff to state marshal, effective December 1, 2000; P.A. 04-257 made technical changes,
effective June 14, 2004; P.A. 07-141 divided existing provisions into Subsecs. (a) to (e), inserted Subdiv. designators (1)
and (3) in Subsec. (a), added "to be acquired by eminent domain pursuant to section 8-128" in Subsec. (a)(1), inserted new
provisions as Subsec. (a)(2) re requirements for acquisitions pursuant to Sec. 8-128, 8-193 or 32-224, substituted "thirty-five days" for "twelve days" in Subsecs. (c) and (d), and made technical changes, effective June 25, 2007, and applicable
to property acquired on or after that date.
See Sec. 48-57 re duties prior to filing statement of compensation.
Section failing to provide owner with opportunity to contest taking, plaintiff, being without adequate remedy at law
was entitled to equitable relief to obtain review of taking. 146 C. 237. Compensation may take into consideration moving
expenses if these affect fair market value. 147 C. 362. Cited. 150 C. 44. Cited. 152 C. 139. Equitable relief indicated to
review this agency's taking of property as no adequate remedy exists at law to contest taking. 154 C. 446. Only factors in
existence on date of taking land may be considered in determining just compensation; where plaintiff completed move
from building prior to date of taking, moving costs not a factor. 155 C. 89. On date of recording of certificate of taking of
defendant's property, title vested in municipality and, where possession was withheld by defendant for ten months thereafter, municipality was entitled to the reasonable value of defendant's use and occupation. Id., 397. As no single method of
valuation was controlling, referee rightly selected most appropriate one for facts he found. 158 C. 37. City's postponement
in applying for certificate of taking until determination of plaintiff condemnee's application for temporary injunction was
proper and certificate was validly issued to city thereafter, although more than ninety days after statement of compensation
filed. Id., 522. Cited. 160 C. 492. Cited. 162 C. 527. Valuation of special use when no comparable sales exist. 164 C. 254.
Valuation of restrictive covenant owned in gross, for nonpecuniary charitable purpose. Id., 337. Cited. 168 C. 135. Cited.
173 C. 525. Cited. 175 C. 265. Cited. 179 C. 293; 181 C. 217. Cited. 203 C. 364. Date of taking is fixed by statute only in
the absence of special equitable considerations; court assumed, without deciding, that statute applicable to a taking by city
of Bristol and not a redevelopment agency. 276 C. 426.
Cited. 1 CA 20. Cited. 2 CA 355. Cited. 4 CA 271. Cited. 7 CA 485. Cited. 18 CA 508. Cited. 20 CA 148. Cited. 42
CA 292.
Despite terms of lease whereby lessee's rights terminated with eminent domain taking, held that lessee may be entitled
to part of condemnation award for trade fixtures which added to value of leasehold. 21 CS 140. Tenant may, by agreement,
relinquish to his landlord all rights he may have for any damage due to land-taking. Id., 404. Cited. 35 CS 157.