Connecticut Administrative Code Title 48 - Eminent Domain
Connecticut Administrative Code – Title 48: Eminent Domain
Title 48 of the Connecticut General Statutes (not administrative code, technically) addresses the power of eminent domain, which allows public or quasi-public entities to acquire private property for public use, with just compensation.
Here’s an overview of what Title 48 covers:
📘 Key Provisions in Title 48 – Eminent Domain:
1. General Principles:
The government or authorized entities can take private property for public purposes (e.g., roads, utilities, schools).
The process must provide fair compensation to the property owner.
Property owners have rights to contest the amount or necessity of the taking.
2. Procedures for Condemnation:
Notice and hearing requirements before property can be taken.
Involves filing a statement of compensation with the court.
Allows for appeal by the property owner if compensation is disputed.
3. Use by Specific Entities:
Title 48 authorizes various bodies to exercise eminent domain powers:
Municipalities
Public utilities
Redevelopment agencies
Transportation authorities
Each of these may have specific processes defined elsewhere in the General Statutes or corresponding agency regulations.
4. Appeals and Litigation:
If a property owner disagrees with the compensation offered, they may appeal to the Superior Court.
Courts assess the market value and may adjust compensation accordingly.
5. Just Compensation:
Defined as the fair market value of the property on the date of taking.
Includes interest if payment is delayed.
May also cover relocation expenses, in some cases.
⚖️ Notable Related Provisions:
Connecticut Constitution, Article I, §11: “The property of no person shall be taken for public use, without just compensation.”
CGS § 8-128 to § 8-133: Redevelopment-related takings (often used by municipalities).
CGS § 13a-73: Used by the Department of Transportation for highway projects.
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