2023 Connecticut General Statutes › Title 13b - Transportation › Chapter 242 - Department of Transportation › Section 13b-26. - Alteration of state highway system.

(a) The commissioner shall make such alterations in the state highway system as the commissioner may, from time to time, deem necessary and desirable to fulfill the purposes of this chapter and title 13a. In making any such alteration, the commissioner shall consider the best interest of the state, taking into consideration relevant factors including the following: Traffic flow, origin and destination of traffic, integration and circulation of traffic, continuity of routes, alternate available routes and changes in traffic patterns. The relative weight to be given to any factor shall be determined by the commissioner.
(b) The commissioner may plan, design, lay out, construct, alter, reconstruct, improve, relocate, maintain, repair, widen and grade any state highway whenever, in the commissioner's judgment, the interest of the state so requires. Except when otherwise provided by statute, the commissioner shall exercise exclusive jurisdiction over all such highways, and shall have the same powers relating to the state highway system as are given to the selectmen of towns, the mayor and common council of any city and the warden and burgesses of any borough in relation to highways within their respective municipalities. In laying out or building a state highway, the commissioner shall follow the procedures of sections 13a-57 and 13a-58.
(c) The commissioner, where necessary in connection with the construction, reconstruction, repair or relocation of a state highway, may relocate, reconstruct or adjust the grade or alignment of any locally maintained highway using standards of construction resulting in safety and convenience. Any highway so changed shall continue to be maintained by the town, city or borough after the completion of such construction, reconstruction, repair or relocation.
(d) The commissioner is authorized and directed, to the full extent but only to the extent permitted by moneys and appropriations becoming available under sections 13a-184 to 13a-197, inclusive, or any other law but subject to approval by the Governor of allotment thereof, forthwith to undertake and proceed with the projects prescribed in section 13a-185 and, to that end, said commissioner with respect to any such project is authorized to do and perform any act or thing regarding the projects which is mentioned or referred to in section 13a-185.
(e) Subject to the limitations referred to in subsection (d) of this section and in order to effectuate the purposes of said subsection, said commissioner is authorized (1) to plan, design, lay out, construct, reconstruct, relocate, improve, maintain and operate the projects, and reconstruct and relocate existing highways, sections of highways, bridges or structures and incorporate or use the same, whether or not so reconstructed or relocated or otherwise changed or improved, as parts of such projects; (2) to retain and employ consultants and assistants on a contract or other basis for rendering professional, legal, fiscal, engineering, technical or other assistance and advice; and (3) to do all things necessary or convenient to carry out the purposes and duties and exercise the powers expressly given in sections 13a-184 to 13a-197, inclusive. Except as otherwise stated in subsection (d) of this section, nothing contained in sections 13a-184 to 13a-197, inclusive, shall be construed to limit or restrict, with respect to the projects, any power, right or authority of the commissioner existing under or pursuant to any other law.
(f) (1) Whenever a state of emergency, as a result of a disaster, exists in the state or any part of the state, and is so declared to be under the provisions of any federal law or state statute, and the state highway system becomes damaged as a result of such disaster, or (2) whenever the commissioner declares that an emergency condition exists on any highway in the state which demands immediate attention to ensure the safety of the traveling public, whether or not such highway is damaged, the commissioner may, notwithstanding any other provision of the statutes, employ, in any manner, such assistance as the commissioner may require to restore such highway system to a condition which will provide safe travel or to correct the emergency condition so declared by the commissioner.
(g) When the commissioner declares that an emergency condition exists on any highway in the state pursuant to subsection (f) of this section, the commissioner shall have the right to enter upon and utilize private property to restore such highway system or correct the emergency condition. The commissioner shall make a reasonable effort to notify the owner of record of such property prior to entering such property. The owner shall be compensated for the use of such property in the manner prescribed in section 13a-73 for acquiring real property for state highway purposes.
(1969, P.A. 118; 768, S. 22; P.A. 85-613, S. 114, 154; July Sp. Sess. P.A. 85-1, S. 10, 15; P.A. 87-300, S. 1, 3; P.A. 98-222, S. 3; P.A. 13-277, S. 26; P.A. 16-151, S. 15; P.A. 22-40, S. 10.)
History: 1969 P.A. 118, which in fact amended Sec. 13a-3(h), the prior statute addressing this subject matter and which was repealed by 1969 P.A. 768, S. 243, added provisions which, among other things, authorized the commissioner to declare emergency condition to exist whether or not the highway is damaged and also to correct the emergency condition; 1969 P.A. 768, S. 22 created present Sec. 13b-26 and the previously mentioned new provisions in 1969 P.A. 118 were incorporated in Subsec. (f); P.A. 85-613 made technical changes, substituting references to Sec. 13a-197 for references to Sec. 13a-198; July Sp. Sess. P.A. 85-1 amended Subsec. (f) by adding provisions re disapproval of declarations by board; P.A. 87-300 amended Subsec. (f) by eliminating reference to the transportation accountability board's power to disapprove declarations, in keeping with termination of board's existence; P.A. 98-222 amended Subsec. (a) by replacing the report to the legislature with a requirement that the commissioner notify all members of the General Assembly that the plan is available upon request in a written format or as electronic storage media; P.A. 13-277 amended Subsec. (a) to delete provision re consistency of state highway system alterations with the master transportation plan, effective July 1, 2013; P.A. 16-151 amended Subsec. (a) by deleting provisions re notification by commissioner to all members of General Assembly of availability of plan and sending copy of plan to member requesting plan, effective July 1, 2016; P.A. 22-40 added Subsec. (g) re right to enter upon and utilize private property to restore highway system or correct emergency condition and made technical changes, effective July 1, 2022.
Cited. 202 C. 158; 204 C. 212.