reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-48. - Acceptance of highways by municipalities.

Any municipality whose duty it is to maintain the highways within its limits may, at any annual or special meeting held for that purpose, accept as a public highway any proposed highway situated in such municipality, provided any municipality in which a town meeting is the legislative body may by ordinance or resolution delegate the power to accept public highways to the board of selectmen in accordance with such procedures as the municipality may establish in the ordinance or resolution, and any municipality may, by charter, provide an alternative means for the acceptance of public highways.
(1949 Rev., S. 2118; 1958 Rev., S. 13-3; 1963, P.A. 226, S. 48; P.A. 91-181, S. 1, 3.)
History: 1963 act replaced previous provisions: See title history; P.A. 91-181 added provision concerning acceptance of highways by boards of selectmen and establishment of alternative means for acceptance.
Acceptance by user by the public. 131 C. 84. When municipality in conformity with statutory requirements expressly accepts street as public highway, no further action on part of general public is required to constitute street a public highway. 146 C. 474. Sec. 13a-71 does not limit width of street that can be accepted. 151 C. 372. A town meeting may accept any street as a public highway irrespective of whether it has received prior approval by selectmen. 159 C. 107. Cited. 165 C. 624. Acceptance of highways is an exercise of legislative discretion that may not be delegated; whole action of town meeting a nullity, not just the illegal delegation; acceptance subject to approval not considered acceptance. 177 C. 527. Neither the public's actual use of the property nor the town's actions constituted an express or implied acceptance of a proposed street. 180 C. 274. Acceptance by municipality may be accomplished through formal proceedings under section or by implication through its conduct. Id., 435. Cited. 226 C. 684.
Cited. 14 CA 521; 17 CA 111; 23 CA 281. In 1730, highways were established by actual use by the general public under the common-law doctrine of dedication and acceptance, and section, which was enacted in 1927, does not allow municipalities to accept such highways. 137 CA 1.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-50. - Discontinuance of highway by Superior Court.

The Superior Court, on the application of any person, may discontinue any highway in the judicial district where it is held, which cannot be discontinued by the selectmen; but all questions arising as to the convenience or necessity of such highway shall, unless the parties agree, be decided by a committee to be appointed by the court; and any person may appear and be heard in relation to such application and may remonstrate against the acceptance of the report of the committee for any irregularity or impropriety in the performance of its duty. All such applications shall be served as other civil process upon the towns in which such highway is located. The officer making such service shall also place upon one or more of the signposts in such town, if any, or at some other exterior place near the office of the town clerk, a certified copy of such application and citation, at least twelve days before the session of the court to which the same is returnable, and further notice shall be given by publishing an advertisement in some newspaper, published in such judicial district, describing such highway, at least three weeks before the session of said court.
(1949 Rev., S. 2162; 1958 Rev., S. 13-35; 1963, P.A. 226, S. 50; P.A. 78-280, S. 2, 127; P.A. 84-146, S. 10.)
History: 1963 act replaced previous provisions: See title history; P.A. 78-280 substituted “judicial district” for “county”; P.A. 84-146 included a reference to posting of a copy of the service on a place other than a signpost.
Highway, once established, discontinuable only for new matter. 21 C. 468; 31 C. 601. Public hearing by committee is not limited to the parties and cannot entirely exclude participation by the public; statute does not limit the right to challenge a committee's report to aggrieved persons. 184 C. 483.
Cited. 35 CA 398.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-51. - Discontinued turnpikes remain highways.

All discontinued turnpikes and parts of turnpikes shall remain public highways in the town or towns where situated; but any town may discontinue the whole or any portion of such road within such town in the manner provided in section 13a-49.
(1949 Rev., S. 2150; 1958 Rev., S. 13-34; 1963, P.A. 226, S. 51.)
History: 1963 act replaced previous provisions: See title history.
A highway, which is a public right of passage over another man's land, must be defined with reasonable certainty. 117 C. 402.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-52. - No assessed damages collected if unopened highway discontinued.

When any highway duly laid out is legally discontinued before being opened and worked, no action shall be brought to recover damages assessed therefor, but the owner of the lands over which it is laid out may recover of the town, city or borough his actual damages from its layout.
(1949 Rev., S. 2163; 1958 Rev., S. 13-36; 1963, P.A. 226, S. 52.)
History: 1963 act replaced previous provisions: See title history.
But for section, damages assessed could be recovered, though highway was discontinued before it was opened and worked. 39 C. 113. Abandonment of uncompleted proceedings to lay out street gives no right to damages, unless there be inexcusable delay. 48 C. 68. Cited. 158 C. 280.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-53. - Discontinuance of highway crossing railroad.

That part of any highway which crosses a railroad, the use of which crossing has been abandoned for a period of at least fifteen years, shall be deemed discontinued.
(1949 Rev., S. 2165; 1958 Rev., S. 13-48; 1963, P.A. 226, S. 53.)
History: 1963 act replaced previous provisions: See title history.
See Sec. 13b-205 re railroad company's taking land in discontinued highways.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-54. - Abandonment of highway for construction of dam.

Any person or corporation engaged in constructing, raising or operating a dam for milling, manufacturing or power purposes, which dam will flood or cause to be flooded any highway, may abandon so much of such highway as may be advisable or necessary, upon such terms and conditions as are agreed upon by such person or corporation and the party or parties liable to maintain the same, which agreement shall be in writing and shall be recorded in the town clerk's office in the town or towns where such highway or any portion thereof so to be abandoned is situated, and shall be sufficient authority for the person or corporation constructing, raising or operating such dam to continue the construction, raising or operation thereof and to flood such highway so to be abandoned. If the above parties fail to agree upon the abandonment of any such highway or any portion thereof, the person or corporation constructing, raising or operating such dam may prefer a complaint against such other party or parties to the superior court of any judicial district wherein any portion of such highway is located or to any judge of the superior court for permission to continue to construct, raise or operate such dam and for the abandonment of such highway or any portion thereof. Said court or such judge may grant such person or corporation such permission and order the abandonment of such highway or any portion thereof, upon payment to the party or parties liable to maintain such highway of such damages as said court or such judge may adjudge or when such person or corporation complies with such other terms as said court or such judge may order. When such person or corporation pays such damages or gives bond with surety to the satisfaction of said court or such judge that such person or corporation will comply with such terms, the flooding of such highway by means of such dam shall not be deemed a common nuisance.
(1949 Rev., S. 2135; 1958 Rev., S. 13-19; 1963, P.A. 226, S. 54; P.A. 78-280, S. 2, 127.)
History: 1963 act replaced previous provisions: See title history; P.A. 78-280 substituted “judicial district” for “county”.
See Sec. 13a-72 re alteration or relocation of highway for dam construction.
See Sec. 52-446 re procedures for flowage petitions.
Statute is constitutional. 95 C. 95. Cited. 158 C. 280.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-55. - Right-of-way of property owners bounding a discontinued or abandoned highway or a highway any portion of which is discontinued or abandoned.

Property owners bounding a discontinued or abandoned highway, or a highway any portion of which has been discontinued or abandoned, shall have a right-of-way for all purposes for which a public highway may be now or hereafter used over such discontinued or abandoned highway to the nearest or most accessible highway, provided such right-of-way has not been acquired in conjunction with a limited access highway.
(1959, P.A. 674, S. 3; 1963, P.A. 226, S. 55; P.A. 85-227; P.A. 90-142, S. 1, 2.)
History: 1963 act replaced previous provisions: See title history; P.A. 85-227 granted a right-of-way to owners of property which bounds a highway, any portion of which is abandoned or discontinued, over such discontinued or abandoned highway to the nearest or most accessible highway; P.A. 90-142 after “right-of-way” added “for all purposes for which a public highway may be now or hereafter used”.
Constitutionality of statute upheld; access rights of owners of property abutting discontinued or abandoned highways discussed. 188 C. 336. Cited. 192 C. 663; 218 C. 65. Plaintiffs' request for injunction requiring removal of a traffic gate erected by defendant, town of Berlin, to control access to and from an abandoned public road was denied because continued use of the gate did not cause plaintiffs irreparable harm; plaintiffs' use of road was minimal and therefore outweighed by defendant's need to provide a safe environment for its residents. 259 C. 83.
Cited. 17 CA 476. Statute not applied retroactively. 22 CA 285. Cited. 26 CA 785; 35 CA 398. Section alters common law consequences of discontinuance of a public highway; prior to statute, discontinuance extinguished both public easement of travel and private easement of access, but after statute, public easement ceases but private easement of abutting owners continues. 127 CA 16.
Cited. 44 CS 189. After enactment of statute, public easement over discontinued or abandoned highways ceases, but private easement remains. 47 CS 418.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-56. - Relocation to straighten or remove dangerous location.

The commissioner may relocate any section of any state highway for the purpose of straightening or removing any dangerous location thereon.
(1949 Rev., S. 2231; 1953, S. 1198d; 1958 Rev., S. 13-111; 1961, P.A. 603, S. 7; 1963, P.A. 226, S. 56.)
History: 1961 act made technical changes in language; 1963 act replaced previous provisions: See title history.
Cited. 129 C. 83.
Empowers highway commissioner to construct a continuous highway comprised of a series of relocations of sections of a state highway for the purpose of removing dangerous locations. 18 CS 270.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-57. - Layout of state highway.

The commissioner may lay out any road as a state highway either by using existing highways or by acquiring by purchase or condemnation new rights-of-way. The layout shall be made in the following manner: The commissioner shall develop a map or maps of the layout of a state highway by ground survey or aerial photogrammetric methods. Such map or maps shall show the limits of the right-of-way, all existing roads, buildings and fences and other topographic features which will clearly establish the location of the highway. The commissioner shall file in the town clerk's office in each town in which such layout or portion thereof is established a map showing such portions of such layout within the limits of any such town in which such map is filed. When such maps of any section or sections of such highway have been so filed, the commissioner shall cause a notice to be inserted in a newspaper having a general circulation within each of such towns describing the action of the commissioner concerning the layout of such highway. When such maps have been placed on file and such notice given, such portion or section shall be deemed to have been legally laid out as a state highway and all provisions of the general statutes relating to state highways shall apply to such layout or highway. This section shall not affect the authority of the commissioner to relocate any section of any state highway as provided in section 13a-56.
(1953, 1955, S. 1199d; 1958 Rev., S. 13-112; 1963, P.A. 226, S. 57; P.A. 03-115, S. 27; P.A. 04-143, S. 10.)
History: 1963 act replaced previous provisions: See title history; P.A. 03-115 made technical changes; P.A. 04-143 made a technical change, effective May 21, 2004.
Unreasonable delay by highway commissioner in filing certificate of taking after filing provided for in section may subject him to additional damages after June 21, 1967, the effective date of Sec. 13a-76a. 158 C. 452. Filing of map under section provides date plaintiff's property was taken in a constitutional sense. 167 C. 334. Cited. 176 C. 264; 214 C. 225.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-57a. - Consultation with municipal officers in planning of highway within municipality.

Whenever the Commissioner of Transportation is engaged in the planning of any limited access highway, interchange or connector to be located within the limits of any town, city or borough or consolidated town and city or consolidated town and borough he shall consult, to the fullest extent possible, with the chief executive officer and the planning commission, if any, of such town, city or borough or consolidated town and city or consolidated town and borough so as to conserve, preserve and, if possible, enhance the environment by insuring through such consultations that the proposed works will have the least adverse impact on the environment.
(1971, P.A. 469.)
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-57b. - Areas for bicycles and pedestrians.

The Commissioner of Transportation shall, whenever possible, encourage the inclusion of areas for bicycles and pedestrians when (1) creating a layout of a state highway, in accordance with section 13a-57, or (2) relocating a state highway, in accordance with section 13a-56.
(P.A. 98-91, S. 7.)
See Sec. 13a-141 et seq. for related provisions re bridle paths, pedestrian walks and bicycle paths and trails.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-57c. - Model pollinator habitat along state highways. Identification of opportunities for replacement of turf grasses. Report.

The Department of Transportation shall identify opportunities in the state for the replacement of nonnative, cool-season turf grasses installed along state highways with native plant communities that include model pollinator habitat, as described in section 22-90b. In identifying such opportunities, the department may consider, but shall not be limited to, the availability of partnerships with private entities to assist in the funding of such replacement costs. Not later than January 1, 2017, the Commissioner of Transportation shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and transportation on such identified areas. Such report shall include, but not be limited to, information concerning any proposed timetable for any such replacements or proposed replacements, the location and dimensions for any identified areas, information concerning any partnership with a private entity to allay the costs of any such replacement or proposed replacements, the availability of federal funds for any such replacement, a description of the anticipated costs associated with any such replacement or proposed replacement and a comparison of such costs with the operational expenditures made to otherwise maintain such areas.
(P.A. 16-17, S. 12.)
History: P.A. 16-17 effective May 6, 2016.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-57d. - Model pollinator habitat in deforested areas of state highways. Authority.

The Commissioner of Transportation may, to the extent federal funds are available for such purpose, plant vegetation that includes pollinator habitat, including, but not limited to, flowering vegetation, in areas that have been deforested along state highway rights of way.
(P.A. 16-17, S. 14.)
History: P.A. 16-17 effective May 6, 2016.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-58. - Public hearing on proposed layout.

When the Commissioner of Transportation proposes to build any new state highway over any land within the state, if the land to be taken is not along an existing highway, said commissioner shall hold a public hearing at which time he shall set forth the route and any alternative routes along which such highway is proposed, giving notice of the time and place of such hearing by publication in a newspaper having a substantial circulation in each town, city or borough affected, at least twice, at intervals of not less than two days, the first not more than fifteen days nor less than ten days and the second not less than two days before such hearing. A copy of the map showing the proposed layout and any alternative layouts of such highway shall be delivered to the town clerk who shall display such map for public inspection, at least ten days before such hearing, in the office of the clerk of each town, city or borough in which the highway is located. Such public hearing shall be held in some town or city to be selected by the commissioner wherein the majority in area of the land to be taken is located. At such hearing the commissioner shall show the proposed layout and any alternative layouts and state the reason for the selection of such route, and any persons who are opposed to such layout or route shall be heard and may state their reasons therefor. All expenses of such hearing shall be borne by the Department of Transportation. Upon the completion of such hearing, a consideration of all the evidence relevant to the selection of such route and the objections thereto shall be made, and said commissioner may make such changes as he deems to be in the public interest. If five years elapses from the date of such hearing and none of the land proposed to be used for such highway has been taken by the state, the commissioner shall hold a new public hearing in the manner provided for in this section.
(1957, P.A. 513; 1958 Rev., S. 13-113; 1963, P.A. 226, S. 58; 1967, P.A. 44, S. 1; 1969, P.A. 768, S. 78; 1971, P.A. 601; P.A. 78-2.)
History: 1963 act replaced previous provisions: See title history; 1967 act clarified provision re filing of maps for public inspection by specifying that maps be delivered to town clerk and that he display them; 1969 act substituted commissioner and department of transportation for state highway department; 1971 act added requirement that new public hearing be held if five years elapse without state's taking action; P.A. 78-2 included alternative routes and alternative layouts in provisions of section.
Unreasonable delay by highway commissioner in taking after filing of a map subjects him to additional damages resulting therefrom after the effective date of Sec. 13a-76a. 158 C. 452.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-58a. - Change of zone of property within limits of laid-out highway prohibited.

Notwithstanding any provisions of the general statutes or any special act to the contrary, no zoning commission or combined planning and zoning commission shall change the zoning of any property situated wholly or partially within the limits of a state highway laid out by the Commissioner of Transportation pursuant to section 13a-57 after said commissioner has selected the route for such highway following the public hearing required by section 13a-58 and has notified the clerk of the town, city or borough in which the proposed highway is to be located, of such selection, for a period of two years from the date of such notification.
(1971, P.A. 563, S. 1.)
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-60a. - Entry to repair or relocate private driveway.

(a) Whenever a driveway requires repairing, reconstructing or relocating as a result of state highway relocation, repair, construction or reconstruction, and there is no taking of private property involved, the Commissioner of Transportation may enter upon such private property for the purpose of repairing, relocating or reconstructing such driveway. He shall use care that no unnecessary damage shall result and the cost of such repair, relocation or reconstruction and of any damage or injury caused to such property shall be paid from appropriations made to the commissioner.
(b) Whenever a driveway requires repairing, reconstructing or relocating as a result of any municipal highway relocation, repair, construction or reconstruction, and there is no taking of private property involved, an official of the municipality where such driveway is located who is charged with highway construction or maintenance duties may enter upon such private property for the purpose of repairing, relocating or reconstructing such driveway. He shall use care that no unnecessary damage shall result and the cost of such repair, relocation or reconstruction and of any damage or injury caused to such property shall be paid by the municipality.
(1967, P.A. 147, S. 1; 1969, P.A. 768, S. 81; P.A. 91-181, S. 2.)
History: 1969 act substituted commissioner of transportation for highway commissioner; P.A. 91-181 designated existing language Subsec. (a) and added new Subsec. (b) concerning entry upon private property by municipal officials for repair, relocation or reconstruction of a highway.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-62. - Application to Superior Court for relief.

Any person aggrieved by the doings of the selectmen in laying out a highway may, within one hundred twenty days after the survey thereof has been accepted by the town, apply to the superior court for the judicial district in which such town is located for relief, causing such selectmen to be cited to show cause why such relief should not be granted. Such application shall be heard and determined by a committee of three disinterested persons to be appointed by the court. If such committee finds that such highway is not of common convenience and necessity, said court shall set aside such layout, and, if said court sets aside such layout, the costs shall be paid by the town; but, if such committee finds that such highway is of common convenience and necessity, the application shall be dismissed with costs. The report of such committee may be set aside by the court for any irregularity or improper conduct on its part. Proceedings under this section shall not prevent or delay the opening or occupation of such highway.
(1949 Rev., S. 2139; 1958 Rev., S. 13-23; 1963, P.A. 226, S. 62; 570, S. 2; P.A. 76-436, S. 332, 681; P.A. 78-280, S. 1, 127; P.A. 15-147, S. 2.)
History: 1963 acts provided that proceedings under section “shall not prevent or delay the opening or occupation” of a highway and restated previous provisions: See title history; P.A. 76-436 substituted superior court for court of common pleas and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 15-147 changed appeal period from 8 months to 120 days.
Procedure under section. 25 C. 597. In fixing width of highway, existing public use of adjoining land may be considered. 38 C. 526. History of section. 73 C. 504. Court should determine issues other than public convenience and necessity before submission to committee. 93 C. 377. Discontinuance of highway does not become final until time for appeal has elapsed. Id., 379. Town may rescind vote to discontinue during this period. Id., 380. Regularity of proceedings affecting layout presumed after 40 years. 95 C. 326. Appeal to supreme court of errors dismissed for lack of final judgment as committee had not yet determined basic question of common convenience and necessity. 148 C. 109. Cited. 150 C. 374; 158 C. 277; 188 C. 336.
Cited. 27 CS 469.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-65. - When jury's doings conclusive. New jury.

The court to which the doings of such jury are returned may set the same aside if, upon exception taken, it appears to said court that such jury has been improperly summoned or has conducted improperly; otherwise such doings shall be conclusive. If the court sets aside the report of the jury, it shall order another jury to reestimate such damages and benefits in the manner aforesaid; and, if the clerk finds, after he has drawn the names of such jurors from the boxes, that any of them is disqualified, he shall release such as are disqualified and return their names into the box whence they were drawn and summon others, who are indifferent, to supply their places.
(1949 Rev., S. 2156; 1958 Rev., S. 13-42; 1963, P.A. 226, S. 65.)
History: 1963 act replaced previous provisions: See title history.
Doings of jury never conclusive when they exceed their jurisdiction. 21 C. 319.
Cited. 9 CS 458.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-66. - Costs on application for jury.

If the report of the jury, when accepted, does not increase the damages allowed or diminish the assessment of benefits to the applicant by the committee, the court shall order the applicant for the jury to pay the costs of the application. If such jury, in the reassessment of damages or benefits, increases such damages or diminishes such assessment of benefits, the damages so assessed shall be allowed, with the costs of the application, and paid by the town; and the amount assessed for benefits, less the amount of costs of the application, shall be paid to the town by the person upon whom they were assessed.
(1949 Rev., S. 2157; 1958 Rev., S. 13-43; 1963, P.A. 226, S. 66.)
History: 1963 act replaced previous provisions: See title history.
Cited. 9 CS 458.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-67. - Committee's accepted report to be recorded. Judgment.

When the report of the committee finds that such highway or alteration will be of common convenience and necessity and such report has been accepted, it shall be recorded, and such road shall be a public highway; and judgment shall be rendered for the payment of the damages and benefits respectively assessed by or to the defendant town, to be paid at such time as the court directs, and that the town pay the costs. In all other cases the costs shall be paid by the petitioners, but witness fees shall not be taxed against either party.
(1949 Rev., S. 2158; 1958 Rev., S. 13-44; 1963, P.A. 226, S. 67.)
History: 1963 act replaced previous provisions: See title history.
Damages may be assessed to others than actual owners. 1 C. 284, but see 21 C. 327. Damages become a debt against the town. 4 C. 188. Recording of committee's report not essential to existence of highway, or to right to collect damages and benefits. 69 C. 41.
Cited. 9 CS 458.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-68. - Assessment of benefits limited. Collection.

The benefits assessed for any particular layout or alteration, except in a city or borough, shall in no case exceed the damages assessed therefor, together with one-half the estimated costs of such layout or alteration; and all assessments of benefits may be collected in the same manner as town taxes.
(1949 Rev., S. 2159; 1958 Rev., S. 13-45; 1963, P.A. 226, S. 68.)
History: 1963 act replaced previous provisions: See title history.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-69. - Proceedings when towns disobey court order.

Section 13a-69 is repealed, effective October 1, 2019.
(1949 Rev., S. 2160; 1958 Rev., S. 13-46; 1963, P.A. 226, S. 69; 1971, P.A. 870, S. 31; P.A. 76-436, S. 334, 681; P.A. 19-132, S. 8.)
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 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 drawbridge. 50 C. 250.
Cited. 11 CS 429.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-72. - Alteration or relocation of highway for dam construction.

Any person or corporation engaged in constructing, raising or operating a dam for milling, manufacturing or power purposes, which dam will flood or cause to be flooded any highway, may alter or relocate so much of such highway as may be advisable or necessary, upon such terms and conditions as are agreed upon by such person or corporation and the party or parties liable to maintain the same, which agreement shall be in writing and shall be recorded in the town clerk's office in the town or towns where such highway or any portion thereof so to be altered or relocated is situated, and shall be sufficient authority for the person or corporation constructing, raising or operating such dam to continue the construction, raising or operation thereof and to flood such highway so to be altered or relocated. If the above parties fail to agree upon the alteration or relocation of any such highway or any portion thereof, the person or corporation constructing, raising or operating such dam may prefer a complaint against such other party or parties to the superior court for any judicial district wherein any portion of such highway is located or to any judge of the Superior Court for permission to continue to construct, raise or operate such dam and for the alteration or relocation of such highway or any portion thereof. Said court or such judge may grant such person or corporation such permission and order the alteration or relocation of such highway or any portion thereof, upon payment to the party or parties liable to maintain such highway of such damages as said court or such judge may adjudge or on such person or corporation complying with such other terms as said court or such judge may order. On such person or corporation paying such damages or giving bond with surety to the satisfaction of said court or such judge that such person or corporation will comply with such terms, the flooding of such highway by means of such dam shall not be deemed a common nuisance.
(1949 Rev., S. 2135; 1958 Rev., S. 13-19; 1963, P.A. 226, S. 72; 1971, P.A. 870, S. 33; P.A. 76-436, S. 336, 681; P.A. 78-280, S. 1, 127.)
History: 1963 act replaced previous provisions: See title history; 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 and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties.
See Sec. 13a-54 re abandonment of highway for construction of dam.
See Sec. 52-446 re procedure for flowage petitions.
Statute is constitutional. 95 C. 95.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-74. - Payment of damages.

After the assessment of damages and benefits provided for in subsection (b) of section 13a-73 has been filed with the clerk of the Superior Court, the property owner affected may file with said clerk the property owner's written acceptance thereof. Said clerk shall thereupon notify the Comptroller and the commissioner of such acceptance. If the amount to be paid by the state for such land, after deducting any benefits which have been assessed, does not exceed one hundred thousand dollars, said clerk shall send a certified copy of the assessment and the acceptance thereof to the commissioner and the Comptroller, and the Comptroller shall, upon receipt thereof, draw an order on the Treasurer in favor of such property owner for the amount due the property owner under such assessment. If the amount of such assessment, after deducting any such benefits, exceeds one hundred thousand dollars, said clerk shall not certify the same to the Comptroller until the assessment has been approved as reasonable in amount by a judge of the Superior Court or a judge trial referee. If such judge or judge trial referee approves such assessment, said clerk shall thereupon send a certified copy of the assessment and the acceptance thereof and a certificate that the same has been so approved to the commissioner and to the Comptroller, and the Comptroller shall, upon receipt thereof, draw an order on the Treasurer in favor of such property owner for the amount due the property owner on such assessment. If such judge or judge trial referee does not approve such assessment, said clerk shall notify the Attorney General and the commissioner and the latter may file an amended assessment.
(1949 Rev., S. 2265; November, 1955, S. N158; 1957, P.A. 383, S. 1; 1958 Rev., S. 13-146; 1963, P.A. 226, S. 74; P.A. 01-105, S. 7; 01-186, S. 13; P.A. 02-132, S. 71.)
History: 1963 act replaced previous provisions: See title history; P.A. 01-105 and 01-186 both increased amount of assessment from $15,000 to $100,000 and made technical changes for purposes of gender neutrality (Revisor's note: In merging the gender-neutral technical changes contained in public acts 01-105 and 01-186, the Revisors gave precedence to certain changes contained in public act 01-105); P.A. 02-132 replaced references to state referee with references to judge or judge trial referee.
See Sec. 13a-25 re appointment of additional referees for land acquisition proceedings.
Annotations to former statute:
Cited. 113 C. 653; 125 C. 417; 127 C. 464; 129 C. 250; 149 C. 213.
Cited. 8 CS 397. Does not determine relative rights of interested persons who may claim reverter interests. 9 CS 497. Cited. 11 CS 39; 17 CS 47.
Annotations to present section:
Cited. 163 C. 22; 176 C. 391.
Cited. 28 CS 69.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-75. - Determination of value of flood-damaged land.

Whenever the commissioner takes any land he may find necessary for the layout, alteration, extension, widening, change of grade or improvement of any state highway, pursuant to the provisions of subsection (b) of section 13a-73 and sections 13a-74 and 13a-78, the state shall pay the owner just compensation therefor. In determining the amount of all benefits received by the owner resulting from taking such land and the amount of damages for taking such land as suffered loss due to flood or any other natural disaster occurring from August 18 to October 31, 1955, due consideration shall be given to the real and potential value of the land based upon its use and location, that is, the value which the property would have were it deemed to be restored to the productive uses it had prior to August 18, 1955, and in arriving at such value there shall be used a sum not less than the full valuation of the real property by the assessors of the town in which the property is located for the last-completed grand list of such town less the amount of any payment received by the owner from any public or private agency for damage to such real property. Any grantee who took title to any such real property between August 18, 1955, and December 23, 1955, shall receive benefits in accordance with this section for the flood-damaged property and the record owner as of August 17, 1955, shall be entitled to such benefits for the improvements on such real property as of August 18, 1955; provided no compensation has been received therefor by any other person from the state. This section shall be effective only as to any land determined to be taken by the Highway Commissioner before July 1, 1963.
(November, 1955, S. N160; 1957, P.A. 629, S. 1, 2; 1958 Rev., S. 13-148; 1959, P.A. 556; 1963, P.A. 226, S. 75.)
History: 1959 act changed cutoff date in last sentence from July 1, 1959; 1963 act replaced previous provisions: See title history.
See Sec. 13a-25 re appointment of additional referees for land acquisition proceedings.
Cited. 17 CS 47.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-76a. - Additional damages for unreasonable delay in taking.

Whenever a referee, in determining the amount of damages for the taking of land under this part, finds that there has been unreasonable delay between the filing of a map under the provisions of section 13a-57 and the filing of a certificate of taking under section 13a-73, he may award such additional damages as he may find resulting therefrom.
(1967, P.A. 597, S. 1.)
Statute not retroactive in effect as it is substantive in nature imposing a new liability on the highway commissioner. 158 C. 452. Cited. 172 C. 234; 176 C. 264.
Damages are appropriate under section. 46 CS 355.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-77. - Costs in appeals from awards in highway cases.

In any appeal to the Superior Court taken under and by virtue of the provisions of this part, when the appellant obtains an award from the court greater than that awarded by the commissioner, costs of court shall be awarded the appellant and taxed against said commissioner in addition to the amount fixed by the judgment.
(1949 Rev., S. 2268; 1958 Rev., S. 13-151; 1963, P.A. 226, S. 77.)
History: 1963 act replaced previous provisions: See title history.
Cited. 129 C. 117.
The trial court's statement that there would be no “further payment of interest, appraisal fees and costs as well as court costs,” precluded proper application of statute by preventing landowner from taxing costs in addition to amount awarded for damages. 109 CA 16. Title search fees are not recoverable costs against state for prevailing party in a reassessment proceeding. 121 CA 13.
Cited. 17 CS 47.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-78. - Lien for assessed benefits.

The amount of benefits assessed by the commissioner under the provisions of subsection (b) of section 13a-73 or reassessed by the court shall constitute a lien upon the land against which such benefits were assessed from the date such assessment was filed with the clerk of the Superior Court until the amount thereof has been paid by the owner of such land to the state, with interest at six per cent per annum, which interest shall commence to accrue from the date of the filing of such assessment. No such lien shall continue against such land unless notice of the same is filed by the commissioner in the town clerk's office in the town in which such land is located, within sixty days after the filing of such assessment or after the acceptance by the court of such reassessment. The provisions of this section, subsection (b) of section 13a-73 and sections 13a-74 and 13a-76 shall not apply in the case of any layout, extension, alteration, widening, change of grade or other improvement for which any town, city, borough or corporation is liable to pay to the owner any damages or to receive from the owner any benefits except as provided in this part.
(1949 Rev., S. 2265; November, 1955, S. N158; 1957, P.A. 383, S. 1; 1958 Rev., S. 13-146; 1963, P.A. 226, S. 78.)
History: 1963 act replaced previous provisions: See title history.
Cited. 113 C. 653; 125 C. 417; 127 C. 464; 129 C. 250; 149 C. 213. Determination of benefits, if any, to be made specifically by the commissioner in the first instance. 176 C. 391.
Cited. 8 CS 397; 11 CS 39; 17 CS 47.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-79. - Interest payable ninety days after acceptance of agreement.

When the commissioner desires to take property for highway purposes and has entered into an agreement to purchase at a stipulated amount any real estate or any interest therein which appears of record with the owner or owners thereof and the amount agreed to be paid for such property or interest is not paid within ninety days from the date when the owner or owners of such property file with the commissioner a notice in writing of acceptance of such agreement, interest at eight per cent per annum shall be paid on such amount by the state unless the property owner fails to furnish clear title within such ninety days. Such interest shall commence to accrue at the end of such ninety-day period, whether or not an assessment has been filed as provided in subsection (b) of section 13a-73. Whenever the state enters into possession of property being condemned prior to the date of execution of such an agreement, such interest shall commence to accrue from the date of actual taking of possession by the state.
(November, 1955, S. N159; 1957, P.A. 632, S. 1; 1958 Rev. S. 13-147; 1963, P.A. 226, S. 79; P.A. 83-54.)
History: 1963 act replaced previous provisions: See title history; P.A. 83-54 required interest to be payable by state after 90 days, instead of 60 days, following agreement and increased interest rate from 6% to 8%.
Cited. 17 CS 47.
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-79a and 13a-79b. - Right-of-way revolving fund; payment of taxes on and lease of property acquired prior to highway construction. Establishment of long-range highway plan.

Sections 13a-79a and 13a-79b are repealed.
(February, 1965, P.A. 325, S. 6, 7; 1967, P.A. 410; 1969, P.A. 768, S. 84, 85; 1972, P.A. 135, S. 1; P.A. 73-451, S. 1, 3; 73-675, S. 10, 44; P.A. 76-213, S. 1, 3.)
2023 Connecticut General Statutes › Title 13a - Highways and Bridges › Chapter 238 - Highway Construction and Maintenance › Section 13a-79c. - Federal assistance for early acquisition of rights-of-way.

The Commissioner of Transportation is authorized to request the United States Secretary of Transportation to advance funds, without interest, to the state for early acquisition of property when the need for such early acquisition meets the rules and regulations prescribed by said Secretary of Transportation and may use such funds for the acquisition of rights-of-way, including the net cost to the state of property management, if any, and related moving and relocation payments authorized by state or federal statute or regulation.
(1969, P.A. 106, S. 1; P.A. 85-613, S. 108, 154.)
History: P.A. 85-613 made technical changes, deleting reference to “criteria set forth in section 13a-79”.