reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-56c. - Appointment of receiver of rents: Determination by court.

(a) On the return of said rule to show cause, its determination shall have precedence over every other business of the civil docket of the Superior Court.
(b) If the court finds that the facts stated in such application warrant the granting thereof, the court shall appoint a receiver of the rents, issues and profits of the property.
(c) If, after determination of the issue, the owner or any mortgagee or lienor or other person having an interest in the property applies to the court to be permitted to remove or remedy the conditions constituting the nuisance and (1) demonstrates the ability promptly to undertake the work required and (2) posts security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, the court may, in lieu of appointing such receiver, issue an order permitting such person to perform the work within a time fixed by the court.
(d) If at the time fixed in the order the conditions constituting the nuisance have not been satisfactorily remedied or removed, the court shall appoint such receiver.
(e) If, after the granting of such court order permitting a person to perform the work but before the time fixed by the court for the completion thereof, it appears to the authority issuing the original order that the person permitted to do such work is not proceeding with due diligence, such authority may apply to the court, on notice to those persons who have appeared in the proceeding, for a hearing to determine whether such receiver shall be appointed immediately.
(f) On the failure of any such owner, mortgagee, lienor or other person having an interest in the property to complete the work in accordance with the provisions of such order, any receiver thereafter appointed shall be reimbursed for costs incurred by him in removing or remedying the condition and other charges provided for in sections 47a-56 to 47a-56i, inclusive, out of such security.
(P.A. 79-571, S. 85.)
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-56e. (Formerly Sec. 19-347d). - Liability of owner.

Nothing in sections 47a-56 to 47a-56i, inclusive, shall be deemed to relieve the owner of such property of any civil or criminal liability incurred or any duty imposed by reason of acts or omissions of the owner prior to the appointment of any receiver thereunder, nor shall anything contained therein be construed to suspend during the receivership any obligation of the owner for the payment of taxes or other operating and maintenance expenses of the property or any obligation of the owner or any other person for the payment of mortgages or liens.
(February, 1965, P.A. 554, S. 4; P.A. 79-571, S. 87.)
History: P.A. 79-571 added reference to new sections which became Secs. 47a-56b and 47a-56c; Sec. 19-347d transferred to Sec. 47a-56e in 1981 and reference to other sections within provisions revised as necessary to reflect their transfer.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-56f. (Formerly Sec. 19-347e). - Payment of expenses. Liability of receiver. Assistance of municipal personnel. Costs and attorney's fees.

(a) The receiver shall be entitled to his necessary expenses and to a reasonable fee, to be determined by the court.
(b) The receiver shall be liable for injuries to persons and property by reason of the condition of the property for which he is receiver in a case where an owner would have been liable, but the receiver shall be liable only to the extent that he is insured against such liability or to the extent that he would have been insured against such liability had he purchased and maintained the insurance required by section 47a-56d. The receiver shall not be liable for such injury in his personal capacity or out of the assets in his hands as receiver, except as provided above.
(c) The personnel and facilities of the municipality and the corporation counsel shall be availed of by the receiver for the purpose of carrying out his duties as such receiver and the cost of such services shall be deemed a necessary expense of the receiver.
(d) The municipality shall be entitled to its costs in filing an application under section 47a-56a and a reasonable attorney's fee, to be determined by the court.
(February, 1965, P.A. 554, S. 5; 1967, P.A. 362, S. 3; P.A. 79-571, S. 88; P.A. 95-247, S. 12.)
History: 1967 act added a fee for the receiver and restated his liability for injuries; P.A. 79-571 divided section into Subsecs.; Sec. 19-347e transferred to Sec. 47a-56f in 1981 and reference to Sec. 19-347c revised to reflect its transfer; P.A. 95-247 added Subsec. (d) entitling a municipality to its costs in filing an application and a reasonable attorney's fee.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-56g. (Formerly Sec. 19-347f). - Discharge of receiver.

The receiver shall be discharged upon rendering a complete accounting to the court when such condition has been removed and the cost thereof and all other costs authorized by sections 47a-56 to 47a-56i, inclusive, have been paid or reimbursed from the rents and income of the property and the surplus money, if any, has been paid over to the owner or the mortgagee or lienor as the court may direct. The receiver may be discharged at any time upon filing his account as receiver without affecting the right of the municipality to its lien. Upon the removal of such condition, the owner, the mortgagee or any lienor may apply for the discharge of the receiver upon payment to the receiver of all moneys expended by the receiver for removal of such condition and all other costs authorized by said sections which have not been paid or reimbursed from the rents and income of the property.
(February, 1965, P.A. 554, S. 6; P.A. 79-571, S. 89.)
History: P.A. 79-571 made minor change in wording and added reference to new sections which became Secs. 47a-56b and 47a-56c; Sec. 19-347f transferred to Sec. 47a-56g in 1981 and reference to other sections within provisions revised as necessary to reflect their transfer.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-56h. (Formerly Sec. 19-347g). - Rights of mortgagee or lienor remedying nuisance and paying expenses.

Any mortgagee or lienor who, at his expense, remedies or removes the nuisance to the satisfaction of the court shall have and be entitled to enforce a lien equivalent to the lien granted to the receiver in favor of the municipality under sections 47a-56 to 47a-56i, inclusive. Any mortgagee or lienor who, following the appointment of a receiver by the court, reimburses the receiver and the municipality for all costs and charges as hereinabove provided shall be entitled to an assignment of the lien granted to the receiver in favor of the municipality.
(February, 1965, P.A. 554, S. 7; P.A. 79-571, S. 90.)
History: P.A. 79-571 added reference to new sections which became Secs. 47a-56b and 47a-56c; Sec. 19-347g transferred to Sec. 47a-56h in 1981 and reference to other sections within provisions revised as necessary to reflect their transfer.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-56j. (Formerly Sec. 19-347i). - State financial assistance for rent receivership programs.

The state, acting by and in the discretion of the Commissioner of Housing, may enter into a contract with a municipality for state financial assistance in an amount determined by the commissioner for a rent receivership program undertaken pursuant to sections 47a-56 to 47a-56i, inclusive. Such contract shall provide for financial assistance in the form of a state advance-in-aid to initiate and operate a tenement house operating fund pursuant to said section 47a-56i for the purposes authorized in said sections 47a-56 to 47a-56i, inclusive. Such advance-in-aid shall be repayable solely from funds received by the receiver or the municipality pursuant to said sections at such times and in such manner as the commissioner may determine.
(1967, P.A. 522, S. 23; P.A. 77-614, S. 607, 610; P.A. 79-571, S. 92; 79-598, S. 24; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 13-234, S. 2.)
History: P.A. 77-614 replaced commissioner of community affairs with commissioner of economic development, effective January 1, 1979; P.A. 79-571 added reference to new sections which became Secs. 47a-56b and 47a-56c; P.A. 79-598 replaced commissioner of economic development with commissioner of housing; Sec. 19-347i transferred to Sec. 47a-56j in 1981 and references to other transferred sections within provisions revised to reflect their transfer; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; pursuant to P.A. 13-234, reference to Commissioner of Economic and Community Development was changed editorially by the Revisors to reference to Commissioner of Housing, effective June 19, 2013.
See Sec. 8-220(c) re state grants-in-aid for cost of housing surveys, planning and research.
See Sec. 8-220a re municipal powers with respect to rent receivership programs.
See Sec. 8-226 re use of prior bond proceeds for purposes of this section.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-56k. - Authorization of state bonds for purposes of the Housing Receivership Revolving Fund.

(a) The State Bond Commission shall have power, in accordance with the provisions of this section, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate three hundred thousand dollars, the proceeds of the sale of which shall be used by the Department of Housing to provide funds for the Housing Receivership Revolving Fund established in accordance with section 47a-56i, provided not more than two hundred thousand dollars may be expended from said fund in any single municipality.
(b) All provisions of section 3-20 or the exercise of any right or power granted thereby which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of such bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization which is signed by or on behalf of the Commissioner of Housing and states such terms and conditions as said commission in its discretion may require. Such bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on such bonds as the same become due, and accordingly and as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made and the Treasurer shall pay such principal and interest as the same become due.
(P.A. 81-370, S. 12, 13; P.A. 86-396, S. 23, 25; P.A. 88-343, S. 17, 32; P.A. 90-297, S. 20, 24; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 13-234, S. 2.)
History: P.A. 86-396 increased bond authorization from $300,000 to $550,000; P.A. 88-343 decreased the bond authorization to $425,000; P.A. 90-297 decreased the bond authorization to $300,000; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; pursuant to P.A. 13-234, references to Commissioner of Economic and Community Development and Department of Economic and Community Development were changed editorially by the Revisors to references to Commissioner of Housing and Department of Housing, respectively, effective June 19, 2013.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-59. (Formerly Sec. 19-347t). - Enforcement actions. Defenses.

(a) The enforcing agency may bring an action in the Superior Court for the recovery of civil penalties, together with costs and disbursements.
(b) It shall be a complete defense to any action brought pursuant to subsection (a) of this section, that: (1) The violation giving rise to the action was caused by the wilful act or gross negligence of a person other than the defendant; or (2) the defendant began to correct the violation promptly upon receipt of notice thereof, but that its full correction could not be completed within the time provided because of technical difficulties, inability to obtain necessary materials or labor or inability to gain access to the dwelling unit wherein the violation occurs.
(P.A. 74-345, S. 3; P.A. 76-436, S. 596, 681.)
History: P.A. 76-436 replaced court of common pleas with superior court in Subsec. (a), effective July 1, 1978; Sec. 19-347t transferred to Sec. 47a-59 in 1981.
Cited. 13 CA 1.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-60. (Formerly Sec. 19-347u). - Stay of penalty. Violation contested by owner.

(a) In any action for penalties under sections 47a-53, 47a-55 and 47a-58 to 47a-61, inclusive, the defendant may move at any time before the trial of the case for an order to stay the further accumulation of the per diem penalty from the day the action is commenced until the same is finally terminated by judgment or otherwise, including the time necessary for judicial review. The court shall grant the motion if the defendant shows to the satisfaction of the court that there is a substantial issue of fact or law concerning the existence of the violation charged. The court may impose such conditions on the granting of the motion as justice may require.
(b) Nothing contained in said sections shall prevent an owner or other responsible person from contesting the finding of a violation by the enforcing agency, prior to the enforcing agency's action for the collection of penalties, by any means provided by law. In any such action or proceeding, the court may stay the further accumulation of the per diem penalty in the same manner and under the same conditions as provided in subsection (a) of this section.
(P.A. 74-345, S. 4; P.A. 79-571, S. 95.)
History: P.A. 79-571 updated list of applicable sections in Subsec. (a); Sec. 19-347u transferred to Sec. 47a-60 in 1981 and references to other transferred sections revised as necessary to reflect their transfer.
Cited. 13 CA 1.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-61. (Formerly Sec. 19-347v). - Precedence in trial order.

Any action for recovery of civil penalties under the provisions of sections 47a-53, 47a-55 and 47a-58 to 47a-61, inclusive, shall have precedence over all others in respect to order of trial, except actions brought by or in favor of the state or upon probate bonds.
(P.A. 74-345, S. 5; P.A. 79-571, S. 96.)
History: P.A. 79-571 updated list of applicable sections; Sec. 19-347v transferred to Sec. 47a-61 in 1981 and references to transferred sections within provisions revised as necessary to reflect their transfer.
Cited. 13 CA 1.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 834 - Court Proceedings on Housing Matters › Section 47a-68. - Definitions.

As used in this chapter, sections 51-51v and 51-165, subsection (b) of section 51-278 and section 51-348, “housing matters” means:
(1) Summary process;
(2) Appeals from the decisions of a fair rent commission under sections 7-148e and 7-148f;
(3) Actions and administrative appeals involving discrimination in the sale or rental of residential property;
(4) All actions regarding forcible entry and detainer;
(5) Actions under the provisions of this title, chapter 412 or section 47-294;
(6) All actions involving one or more violations of any state or municipal health, housing, building, electrical, plumbing, fire or sanitation code, including violations occurring in commercial properties, or of any other statute, ordinance or regulation concerned with the health, safety or welfare of any occupant of any housing;
(7) All actions under sections 47a-56a to 47a-59, inclusive;
(8) All actions for back rent, damages, return of security deposits and other relief arising out of the parties' relationship as landlord and tenant or owner and occupant;
(9) All other actions of any nature concerning the health, safety or welfare of any occupant of any place used or intended for use as a place of human habitation if any such action arises from or is related to its occupancy or right of occupancy.
(P.A. 78-365, S. 1, 13; P.A. 80-268, S. 1, 2; P.A. 81-472, S. 87, 159; P.A. 83-510, S. 5, 9; P.A. 87-439, S. 4, 6; P.A. 91-383, S. 23; P.A. 03-202, S. 16; June 12 Sp. Sess. P.A. 12-2, S. 84.)
History: P.A. 80-268 deleted former Subdiv. (f) which had included “tort claims arising from premises subject to chapter 830” as housing matters, relettering remaining Subdivs. as necessary; P.A. 81-472 made technical changes; P.A. 83-510 made no substantive change; P.A. 87-439 amended Subdiv. (e) by adding reference to Sec. 47-294; P.A. 91-383 amended Subdiv. (e) by adding reference to chapter 412; P.A. 03-202 amended Subdiv. (f) by adding provision re inclusion of violations occurring in commercial properties and making a technical change; June 12 Sp. Sess. P.A. 12-2 substituted Subdiv. designators (1) to (9) for Subdiv. designators (a) to (i) and made a technical change.
See Sec. 51-51v re appointment of clerks for housing matters.
See Sec. 51-165 re assignment of judges to hear housing matters.
See Sec. 51-278(b) re designation of assistant or deputy assistant state's attorneys to handle prosecutions of housing matters.
See Sec. 51-348 re separate docket for housing matters.
Cited. 214 C. 256; 217 C. 57.
Cited. 1 CA 439.
Cited. 36 CS 47. Jurisdiction of housing session of Superior Court over prosecutions of state and city building code violations is beyond reproach. Id., 103. Cited. 37 CS 534; Id., 569.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 834 - Court Proceedings on Housing Matters › Section 47a-70. - Housing docket. Entry and transfer of cases on docket.

(a) All proceedings involving a housing matter in the judicial district of Hartford, New Britain, New Haven, Fairfield, Waterbury or Stamford-Norwalk shall first be placed on the housing docket for that district, provided that the judge before whom such proceeding is brought may transfer such matter to the regular docket for a judicial district if he determines that such matter is not a housing matter or that such docket is more suitable for the disposition of the case. Any case so entered or transferred to either docket shall be proceeded upon as are other cases of like nature standing on such docket.
(b) If two or more actions are pending between the same parties, including for the purposes hereof any other court proceedings arising out of or connected with the same housing accommodation, of which one or more of such actions is on the housing docket and one or more of such actions is on some other docket, the judge handling such other docket, upon motion of any party to any of such actions, may order that the action pending on such docket, with all papers relating thereto, be transferred to the housing docket; and such action or actions shall thereafter proceed as though originally entered there.
(P.A. 78-365, S. 6, 13; P.A. 81-419, S. 2; P.A. 82-461, S. 2; P.A. 88-230, S. 4, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4
–
6; P.A. 17-99, S. 6.)
History: P.A. 81-419 amended Subsec. (a) to provide that proceedings involving a housing matter in the judicial district of New Haven be placed on the housing docket for that district; P.A. 82-461 amended Subsec. (a) by including Fairfield, Waterbury and Stamford-Norwalk as judicial districts having housing dockets; P.A. 88-230 amended Subsec. (a) to reflect the division of the judicial district of Hartford-New Britain into the separate judicial districts of Hartford and of New Britain, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 17-99 amended Subsec. (a) by deleting reference to geographical area re transfer of matter to regular docket.
See Sec. 51-51v re appointment of clerks for housing matters.
See Sec. 51-165 re assignment of judges to hear housing matters.
See Sec. 51-278(b) re designation of assistant or deputy assistant state's attorneys to prosecute housing matters.
See Sec. 51-348 re separate docket for housing matters.
Cited. 214 C. 256; 217 C. 57.
Housing judge has the discretion to transfer to regular civil docket a summary process action which because of its complexity would formerly have been outside the ambit of summary process. 1 CA 439.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 834 - Court Proceedings on Housing Matters › Section 47a-71. - Citizens advisory councils for housing matters.

Section 47a-71 is repealed.
(P.A. 78-365, S. 7, 13; P.A. 80-448, S. 2, 8; P.A. 81-419, S. 3, 11; P.A. 82-461, S. 3, 15; P.A. 83-497, S. 1, 6, 7.)
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 834 - Court Proceedings on Housing Matters › Section 47a-72. - Duties of Citizens Advisory Council. Meetings. No compensation or reimbursement.

(a) The council shall from time to time view the housing docket proceedings and review the manner in which the housing docket is functioning, consult with the judges assigned to housing matters and the Chief Court Administrator and assist them in such manner as is appropriate, assist in making the public aware of the existence of the housing docket, receive comments from the general public about the handling of housing matters, and make such recommendations as it may choose. The council shall meet as a full body at least two times a year and on such additional occasions as it may require. The council may divide itself into subcommittees as it deems appropriate. The council may submit its recommendations concerning housing matters to the Chief Court Administrator, to any judge hearing housing matters and to the General Assembly. Members of the council shall receive no compensation and, notwithstanding the provisions of section 4-1, shall not receive their actual and necessary expenses incurred in the performance of their official duties.
(b) The council may recommend to the Governor and to the Chief Court Administrator the names of persons it believes to be suitable for appointment or assignment to hear housing matters in any judicial district for which a special housing session has been established, pursuant to subsection (a) of section 47a-70.
(P.A. 78-365, S. 8, 13; P.A. 81-419, S. 4, 11; P.A. 83-497, S. 3.)
History: P.A. 81-419 deleted a reference to the judicial district of Hartford-New Britain, changed “the” council to “each” council and made certain other changes to reflect the creation of an additional council pursuant to Sec. 47a-71; P.A. 83-497 amended section to reflect establishment of single council pursuant to Sec. 47a-71a in place of the former three separate councils, required the council to meet as a full body at least two times a year and authorized the council to divide itself into subcommittees and to submit its recommendations to the general assembly.
See Sec. 51-51v re appointment of clerks for housing matters.
See Sec. 51-165 re assignment of judges to hear housing matters.
See Sec. 51-278(b) re designation of assistant or deputy assistant state's attorneys to prosecute housing matters.
See Sec. 51-348 re separate docket for housing matters.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 834 - Court Proceedings on Housing Matters › Section 47a-73. - Judges and council to report to General Assembly.

The judges hearing housing matters and the Connecticut Advisory Council on Housing Matters shall each submit a report, in accordance with the provisions of section 11-4a, with respect to the operation of the special docket for housing matters and their respective recommendations to the General Assembly at the opening of its regular sessions in the odd-numbered years. Such reports may also include recommendations for legislation with respect to housing matters.
(P.A. 78-365, S. 9, 13; P.A. 80-448, S. 3, 8; P.A. 81-419, S. 5; P.A. 82-461, S. 4; P.A. 83-497, S. 4; P.A. 13-299, S. 36; P.A. 14-4, S. 2.)
History: P.A. 80-448 substituted “reports” for “report” and changed report deadline from February, 1980, to January, 1981; P.A. 81-419 deleted a specific reference to the judicial district of Hartford-New Britain, referring instead to housing dockets and advisory councils for judicial districts in general, deleted a requirement that the reports contain recommendations concerning the hearing of housing matters in other judicial districts, and replaced the requirement that reports be made by January, 1981 with a new reporting date of January, 1983; P.A. 82-461 required the judge and citizens advisory council for the Fairfield judicial district to make their reports in January, 1984; P.A. 83-497 amended section to reflect establishment of single advisory council pursuant to Sec. 47a-71a in place of the former three separate councils; P.A. 13-299 replaced reference to Citizens Advisory Council with reference to the Advisory Council to the Superior Court Housing Session, effective July 1, 2013; P.A. 14-4 replaced reference to Advisory Council to the Superior Court Housing Session with reference to Connecticut Advisory Council on Housing Matters, made a technical change and added reference to Sec. 11-4a, effective July 1, 2014.
See Sec. 51-51v re appointment of clerks for housing matters.
See Sec. 51-165 re assignment of judges to hear housing matters.
See Sec. 51-278(b) re designation of assistant or deputy assistant state's attorneys to prosecute housing matters.
See Sec. 51-348 re separate docket for housing matters.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 834 - Court Proceedings on Housing Matters › Section 47a-74. - Rules of practice to be adopted.

The judges of the Superior Court may adopt such rules of practice and procedure not inconsistent with the general statutes to implement the provisions of this chapter and section 51-51v, 51-165, 51-348 and subsection (b) of section 51-278.
(P.A. 78-365, S. 11, 13; P.A. 81-472, S. 88, 159.)
History: P.A. 81-472 made technical changes.
See Sec. 51-51v re appointment of clerks for housing matters.
See Sec. 51-165 re assignment of judges to hear housing matters.
See Sec. 51-278(b) re designation of assistant or deputy assistant state's attorneys to prosecute housing matters.
See Sec. 51-348 re separate docket for housing matters.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-1. - United States; ceding jurisdiction to. Retrocession of full or partial jurisdiction; concurrent jurisdiction.

(a) The consent of the state of Connecticut is given, in accordance with the seventeenth clause, eighth section, of the first article of the Constitution of the United States, to the acquisition by the United States, by purchase, condemnation or otherwise, of any land in this state required for customhouses, courthouses, post offices, arsenals or other public buildings or for any other purposes of the government. Exclusive jurisdiction in and over any land so acquired by the United States is ceded to the United States for all purposes except the service of all civil and criminal process of the courts of this state and as provided in subsection (b) of this section; but the jurisdiction so ceded shall continue no longer than the United States owns such land. The jurisdiction ceded shall not vest until the United States has acquired the title to such lands by purchase, condemnation or otherwise; and, so long as such lands remain the property of the United States when acquired as aforesaid, the same shall be exempt from all state, county and municipal taxation, assessment or other charges.
(b) (1) The Governor may accept, on behalf of this state, from the appropriate federal authority retrocession of full or partial jurisdiction over any land provided for in subsection (a) of this section. Documents concerning such retrocession shall be filed in the office of the Secretary of the State and recorded in a like manner as the original land acquisition by the United States.
(2) If the United States Attorney, or the United States District Court, for the district of Connecticut waives exclusive jurisdiction in any matter relating to a violation by a minor, as defined in section 1-1d, of federal law within the boundaries of any military installation of the United States Department of Defense located on any land provided for in subsection (a) of this section, the state shall exercise concurrent jurisdiction with the United States over such military installation in such matter.
(1949 Rev., S. 7172; P.A. 75-46; P.A. 83-587, S. 57, 96; P.A. 22-63, S. 1.)
History: P.A. 75-46 added Subsec. (b) re governor's acceptance of retrocession of jurisdiction over land from federal authority; P.A. 83-587 made a technical amendment to Subsec. (b); P.A. 22-63 amended Subsec. (b) to designate existing provisions Subdiv. (1), to add Subdiv. (2) re concurrent jurisdiction and to make a technical change.
Constitutionality of such a provision. 75 C. 319. Cited. 170 C. 344.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-3. - Town may take land for town house or town hall.

Any town may take land which has been fixed upon as a site, or addition to a site, of a town house or a town hall, and which is necessary or convenient for such purposes and for necessary outbuildings and convenient accommodations for the same, and for light and air for the same, upon paying to the owner just compensation.
(1949 Rev., S. 7174.)
Cited. 109 C. 632.
Cited. 9 CS 486; 20 CS 422.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-5. - Powers of towns in taking land for school purposes.

Towns shall have the same powers and be subject to the same regulations as school districts, in taking land for schoolhouses and other school purposes.
(1949 Rev., S. 7176.)
Cited. 138 C. 88; 148 C. 47. Town could delegate its power to condemn to the board of education after complying with Sec. 10-241a. 168 C. 135.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-7. - Town, borough or fire district may condemn land for square, common or park.

When any town, borough or fire district votes to acquire any tract of land within its limits for the purpose of a public square, common or park, and cannot obtain such land by agreement with the owner thereof, it may take the same for such purpose in the manner provided by sections 48-3 and 48-12, provided no land occupied for church or cemetery purposes shall be taken under the provisions of this section.
(1949 Rev., S. 7180.)
Cited. 94 C. 582.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-8. - Town may condemn land for records building.

Whenever any town in lawful meeting has authorized the erection of a building for the protection of its records against fire, and the selectmen, or a committee appointed for the purpose, fail to agree upon a site for such building, or, having fixed upon a site, are unable to agree with the owner upon the amount of compensation to be paid to him, the selectmen may proceed to condemn such land in the manner provided in section 48-12; provided no town shall take for such purpose the land of any religious or ecclesiastical society, upon any part of which a church building has been erected, without the consent of such society.
(1949 Rev., S. 7184.)
Cited. 109 C. 632.
Cited. 9 CS 486; 20 CS 422.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-9. - Condemnation of land and water for state institutions and courthouses.

Subject to the provisions of section 4b-23, the state may take land, or any interest or estate therein, for the site, or for any addition to the site, of any state institution or courthouse, or for any addition to the site of any institution under the jurisdiction of the Board of Trustees of the Connecticut State University System, Technical Education and Career System or technical college or for the purposes of subsection (e) of section 22a-133m, and also may take water from any river, brook, spring or springs, pond or lake for the purpose of providing such supply of water as the convenience and necessity of such institution may require. The amount of damages for any such taking shall be determined in the manner provided by section 48-10.
(1949 Rev., S. 7177; March, 1958, P.A. 12, S. 1; 1959, P.A. 411, S. 14; 1967, P.A. 420; P.A. 75-425, S. 44, 57; P.A. 83-587, S. 59, 96; P.A. 91-256, S. 67, 69; P.A. 93-428, S. 30, 39; P.A. 12-116, S. 87; P.A. 17-237, S. 116.)
History: 1959 act referred to state colleges rather than to state “teachers” colleges; 1967 act authorized taking of land for courthouses; P.A. 75-425 specified that taking of land is “subject to the provisions of Sec. 4-26b”; P.A. 83-587 substituted reference to institutions governed by Connecticut State University board of trustees for “state colleges” in keeping with revision of higher education system pursuant to P.A. 82-83 and P.A. 82-218; P.A. 91-256 made a technical change; P.A. 93-428 authorized taking of land for purposes of Sec. 22a-133m, the urban sites remediation program of the department of environmental protection, effective July 1, 1993; pursuant to P.A. 12-116, “vocational school” was changed editorially by the Revisors to “technical high school”, effective July 1, 2012; P.A. 17-237 replaced “technical high school” with “Technical Education and Career System”, effective July 1, 2017.
Tuberculosis commission had authority to take land under section. 109 C. 633. Cited. 116 C. 125; 124 C. 32.
Cited. 9 CS 486; 20 CS 422.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-10. - Damages to be determined by state referee.

The determination of the amount of damages in any case brought by the state to condemn land or any interest therein shall be referred to a state referee.
(1949 Rev., S. 7178.)
This statute applicable in condemnation by state park and forest commission, and superseded statute prescribing different method of appraisal. 116 C. 119. In matter referred to state trial referee, Sec. 51-29, limiting time for decision, is inapplicable. 164 C. 360. Cited. 221 C. 736.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-11. - Deposit in court pending determination of amount to be paid.

Whenever the state takes property under any provision of the general statutes or any special act, and the state and the owner or owners of such property or of any interest therein are unable to agree on the amount to be paid as just compensation for such property, the taking authority shall file, with the clerk of the court to which a petition for the assessment of just damages has been preferred, a statement of the sum of money estimated by such authority to be just compensation for the property or interest therein taken. Such sum shall be deposited in said court to the use of the person or persons entitled thereto and notice of such deposit shall be given to such person or persons by such clerk. The court may require such person or persons to give bond to the state conditioned on the repayment to the state of so much of such deposit which may be withdrawn as exceeds the amount of compensation finally awarded. Interest shall not be allowed in any judgment on so much of such amount as had been deposited in said court. Upon the application of any such owner or owners, the court, after determining the equity of the applicant in such deposit, may order that the money so deposited, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in such proceeding. If the compensation finally awarded exceeds the total amount of money so deposited or received by any person or persons entitled thereto, the court shall enter judgment against the state for the amount of the deficiency.
(November, 1955, S. N220; 1957, P.A. 384.)
See Sec. 37-3c re calculation of interest in condemnation cases.
Cited. 149 C. 210. Fair intent of section read with Sec. 13a-73(b) is that landowner is not entitled to interest on any sum of money which has been deposited with court and is available to him; deposit has effect of tender and stops running of interest on amount available. Id., 214. Cited. 150 C. 524. Taxes assessed by city of Norwalk before date of condemnation are to be paid by owner of property as they are a lien she is obliged to satisfy. 155 C. 335. Highway commissioner after taking property of plaintiff could not amend his notice of condemnation and obtain a refund of part of deposit already paid over to condemnee. 156 C. 131. Where compensation finally awarded exceeded amount deposited in a state highway condemnation, interest was ordered paid by state to date of its payment of deficiency awarded by judgment. Id., 416. Cited. 221 C. 736.
Cited. 11 CA 439.
Condemnee continuing in occupation after deposit was made by highway commissioner became tenant at sufferance liable to pay reasonable value of such occupancy to state. 5 Conn. Cir. Ct. 107. Cited. 6 Conn. Cir. Ct. 97.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-13. - Inspection and testing prior to condemnation.

Upon filing a notice of condemnation of a condemning authority, either before or after the institution of a condemnation proceeding and after reasonable notice to the property owner or owners affected, the Superior Court or any judge thereof may authorize such condemning authority to enter upon and into land and buildings sought or proposed for public uses for the purpose of inspection, survey, borings and other tests. Such condemning authority shall be responsible to the owner or owners of such property for any damage or injury caused by such entrance and use, and such court or judge may require the filing of a bond or deposit of surety to indemnify the owner or owners of property for such damage. This section shall not limit or modify rights of entry upon private property otherwise provided for by law.
(1955, S. 2968d; 1967, P.A. 808, S. 2; P.A. 76-436, S. 648, 681.)
History: 1967 act substituted “filing a notice of condemnation” for “petition” of condemning authority; P.A. 76-436 deleted reference to court of common pleas' power to authorize condemning authority to enter land or buildings sought for public use for purpose of inspection, etc., effective July 1, 1978.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-14. - Value of crops included in damage computation.

When any land is taken in eminent domain proceedings authorized under any provision of the general statutes or any special act, the value of any crops upon the land subject to condemnation shall be taken into account in computing the damage.
(1957, P.A. 659.)
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-14a. - Apportionment of taxes.

When land is taken by eminent domain under the provisions of the general statutes or any special act, and local real estate taxes are apportioned by the condemnor as of the date of condemnation in a manner differing from the common custom, method or practice in the town where the land is located, and the condemnor's manner of apportionment causes the condemnee to bear a greater share of the local property taxes than would be borne by the condemnation and taxes had been adjusted according to the common custom, method or practice in the town where the land is located, that sum which is the difference between the condemnor's computation of the condemnee's share of said taxes and the computation of said taxes as made according to said common custom, method or practice shall be an element of damages in computing just compensation to the condemnee.
(1969, P.A. 253.)
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-15. - Valuation of flood-damaged property.

Whenever any state department or agency had, prior to August 19, 1955, determined upon private property to be condemned for purposes of such department or agency and had filed with any officer of the municipality within which such property was located maps or planning map sheets indicating such property, which property subsequently suffered flood damage, such property shall, in any condemnation proceeding, be valued at not less than the fair market value of such property as of August 18, 1955, provided, in any case where the owner of any such property has received from any public or private agency reimbursement in whole or in part for damage to such property, the amount of such reimbursement shall be deducted from the amount of damages otherwise payable under the provisions of this section.
(November, 1955, S. N219.)
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-17. - Payment for property taken by condemnation by the state.

Any amount found due from the state for property taken by condemnation proceedings, as provided in section 48-12, shall be paid upon order of the Comptroller from the General Fund of the state.
(1949 Rev., S. 7183.)
History: (Revisor's note: In 1997 the words “General Funds” were replaced editorially by the Revisors with “General Fund” for statutory consistency).
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-17a. - Reimbursement of owner for costs, disbursements and expenses on failure or abandonment of condemnation proceeding.

The state court having jurisdiction of a proceeding instituted by a state agency to acquire real property by condemnation shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings, if (1) the final judgment is that the state agency cannot acquire the real property by condemnation; or (2) the proceeding is abandoned by the state.
(1971, P.A. 518, S. 1.)
Cited. 169 C. 195.
Cited. 3 CA 329.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-17b. - Inverse condemnation. Plaintiff's award.

The state court rendering a judgment for the plaintiff in an inverse condemnation proceeding brought against the state by the owner of real property, or the Attorney General effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.
(1971, P.A. 518, S. 2.)
If there was no taking in the constitutional sense, plaintiff has no right of direct action against defendants and consequently, it was not entitled to any damages for inverse condemnation proceedings as contemplated by section; provisions for damages for inverse condemnation proceedings. 169 C. 195. Cited. Id., 247; 180 C. 11; 187 C. 171; 236 C. 710.
Cited. 3 CA 329. Section applies to a redevelopment agency under Ch. 130 because it is an agent of the state. 51 CA 262.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-17c. - Payment of award.

Any award made pursuant to section 48-17a or 48-17b shall be paid by the head of the state agency for whose benefit the condemnation proceedings was instituted.
(1971, P.A. 518, S. 3.)
Cited. 169 C. 195.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-17d. - Environmental remediation costs.

In all condemnation proceedings, environmental remediation costs shall be considered in assessing fair market value.
(P.A. 01-75, S. 2, 3.)
History: P.A. 01-75 effective June 6, 2001.
2023 Connecticut General Statutes › Title 48 - Eminent Domain › Chapter 835 - Eminent Domain › Section 48-18. - Mode of taking land to enlarge cemetery.

The owner of any cemetery who wishes to enlarge its limits by adding land, the title to which he cannot otherwise acquire, may prefer a complaint for the right to take the same to the superior court for the judicial district in which such land is situated; and said court may appoint a committee of three disinterested persons, who, after examining the premises and hearing the parties, shall report to the court as to the necessity and propriety of such enlargement and as to the quantity, boundaries and value of the land which they deem proper to be taken for that purpose and the damages resulting from the taking. If such committee reports that such enlargement is necessary and proper and the court accepts such report, the decision of such court thereon shall have the effect of a judgment and execution may be issued thereon accordingly, in favor of the person to whom damages may be assessed, for the amount thereof; and, on payment thereof, the title to the land for such purpose shall be vested in the complainant, but such land shall not be taken until such damages are paid to such owner or deposited with the treasurer of the judicial district, for his use, which shall be done within thirty days after such report is accepted. If such application is denied, the owner of the land shall recover costs of the applicant, to be taxed by such court, which may issue execution therefor. Land so taken shall be held by the owner of such cemetery as a public burying ground for public use.
(1949 Rev., S. 7185; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 replaced “county” with “judicial district”.
Such an act is valid; one association may be authorized to take land of another. 77 C. 85; 87 C. 428. The right of eminent domain is specifically given to the owner of any cemetery. 168 C. 447. Cited. 180 C. 680.