Sec. 13a-103. Complaint to court for failure of town to maintain highway.
Sec. 13a-103. Complaint to court for failure of town to maintain highway.
Whenever any town fails to keep any highway within such town in good and sufficient
repair or whenever the selectmen of any town fail to remove or cause to be removed
any encroachments upon any highway in such town or to make such alterations or improvements therein as may be required by common convenience or necessity, the superior court for the judicial district in which such highway is located, upon the written
complaint of six or more citizens of this state under oath, after due inquiry made by it,
shall appoint a time and place when and where all persons interested may appear and
be heard upon the propriety of such repairs, or of the removal of such encroachments,
or of the making of such alterations and improvements. If a time and place for hearing
is set by the court, the clerk shall deliver to the complainants or their attorneys the
documents set forth in this section for service by a proper officer. Notice shall be given
to the first selectman of such town and to the person or persons maintaining such encroachments by causing a true and attested copy of such complaint, accompanied with
a summons notifying such parties of such time and place, to be left with each of such
parties, or at his usual place of abode, by some proper officer at least six days inclusive
before the day appointed for the hearing; but, before issuing any summons on such
complaint, the court shall require of the complainants a sufficient bond for costs to the
adverse parties and may, any time thereafter, require further bond for such costs. If the
court finds that such highway should be repaired or that such encroachments should be
removed or that such alterations and improvements should be made, it shall order the
selectmen of such town to cause such highway to be repaired and such encroachments
to be removed and such alterations and improvements to be made, and shall prescribe
the manner and extent of such repairs and of the removal of such encroachments and
of the making of such alterations and improvements and the time within which the work
shall be done, and may, for reasonable cause, extend such time. The court shall assess
the benefits resulting from such repairs or removal of encroachments or such alterations
and improvements against any of the parties to be benefited, including such town. Such
benefits as to such parties other than such town may be collected in the same manner
as town taxes are collected.
(1949 Rev., S. 2127; 1958 Rev., S. 13-12(a); 1959, P.A. 152, S. 35; 674, S. 1; 1963, P.A. 226, S. 103; P.A. 76-436, S.
337, 681; P.A. 78-280, S. 1, 127; P.A. 98-81, S. 2.)
History: 1959 acts substituted common pleas court for county commissioners to take jurisdiction of petition, removed
requirement petition be endorsed and approved by state's attorney after inquiry by him, removed power of county commissioners to cause repairs to be made and added provisions re assessment of benefits resulting from repairs, removals etc.
against parties to be benefited; 1963 act replaced 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. 98-81 added provision re delivery by clerk to complainants or their attorneys of documents for
service by proper officer, if time and place for hearing is set by court.
Under former statute: Agent for repair of road not personally liable for expense of repair. 3 C. 564. Complaint by state's
attorney for replacement of bridge not maintainable. 9 C. 35. Condition of highway may be compared with others similar.
67 C. 536. Condition of highway a question of fact. Id., 537. Whether a road is a public highway is a question of fact, to
be determined by the commissioners and superior court. 70 C. 102. Want of repair question of fact; construction of new
highway at elevation above old held not a repair. 75 C. 271. Applied to road laid out by railroad commissioners. 76 C. 58.
Cited. 127 C. 57. Appeal from order directing town to repair road continued on court docket pending determination of
question whether such town had effectively discontinued such road. 148 C. 113. Where town discontinued a highway
under section 13a-49, plaintiff user allowed recovery where his only access to public highway was cut off by discontinuance.
158 C. 276. Town is responsible hereunder only for highways which have been dedicated in accordance with the statutes.
Sections 13a-48, 13a-71 and 8-25 may not be circumvented by claims of a common law dedication. 159 C. 107. An
unimproved portion of a road was not a public highway and no municipal duty arose with respect to it since there had been
no express or implied dedication and acceptance of the property. 180 C. 435. Cited. 234 C. 390.
Cited. 5 CA 448. Cited. 12 CA 153. Cited. 17 CA 111. Cited. 29 CA 18.
Cited. 11 CS 429. Section will not avail those seeking to have highway boundaries defined. 15 CS 404.