Sec. 13a-112. Certain bridges to have draws.
Sec. 13a-112. Certain bridges to have draws. No bridge without a draw shall
be built or maintained across any water navigated by open-deck vessels for business
purposes, whose passage would be impeded thereby. If any bridge is so maintained or
its construction commenced, the Superior Court, or any judge thereof in vacation, upon
the complaint of any party aggrieved, may enjoin the maintenance or construction of
such bridge, and may order its removal at the expense of the respondent and that a
suitable bridge be built, and may establish the width of the draw therein, but, whenever
any highway is laid out over any navigable water, the committee of the Superior Court
appointed with power to lay out such highway or a committee appointed by the Superior
Court upon the application of the selectmen of the town which has laid out such highway
may inquire, after due and reasonable notice to all parties interested, whether the building, construction or maintenance of a bridge without a draw will materially interfere
with the navigation of such water by open-deck vessels for business purposes. If such
committee finds that the construction or maintenance of such a bridge without a draw
will not materially interfere with the navigation of such water, such committee, after
giving at least five days' notice in the manner prescribed for the service of legal process
to all persons owning wharves, docks or wharf privileges above such bridge, may assess
the damages which the construction of such bridge without a draw will cause to the
owners of such wharf or wharf privileges and, if the committee finds that the total amount
of such damages, if paid by the town in which such bridge is located, will be more
economical for such town than the construction or maintenance of such bridge with a
draw, such bridge may be maintained, built or constructed without a draw, after the
amount of damages so found has been paid to the parties entitled to the same or has
been deposited in the town treasury subject to their order; and the amount of such damages shall be paid by the town in which the bridge is located, as a part of the expense
of building or maintaining such highway or bridge. All persons interested in such
wharves or wharf privileges shall be entitled to all of the privileges by way of remonstrance and reestimate of damages which are provided in part III of this chapter for
persons interested in laying out or altering a highway. This section shall not be construed
to authorize the construction of a bridge without a draw over Branford River below
Hobart's Bridge.
(1949 Rev., S. 2120; 1958 Rev., S. 13-5; 1963, P.A. 226, S. 112.)
History: 1963 act replaced previous provisions: See title history; (Revisor's note: In 2003 a reference to "chapter 238"
was changed editorally by the Revisors to "this chapter").