Sec. 13a-129. Court procedure. Estimate of damages. Appeal.
Sec. 13a-129. Court procedure. Estimate of damages. Appeal. Upon twelve
days' notice of such petition to such town or towns and to all owners of land abutting
on such highways and to such other persons as the court orders, served and returned in
the same manner as in civil process, said court shall hear and decide such petition and,
upon finding the allegations to be true, shall grant the discontinuance or alteration of
such highways, prescribing in its judgment any modifications of such discontinuance
or alteration requested in such petition, or any layout of a new highway or highways in
lieu thereof, as said court deems to be required by public convenience and necessity.
Said court shall, in such judgment, appoint a committee of three disinterested persons
to make a survey and layout in accordance with such judgment and, upon such notice
to the parties in interest as the court orders, to estimate the damages sustained by any
person and to report in writing their actions to said court. Upon acceptance of such report
by said court and payment of damages by the petitioner to the parties found to be entitled
thereto or deposit of the same in said court for their use, such discontinuance, alteration
or new layout shall become effectual, and the applicant shall immediately construct
such highway as altered or laid out, at its own expense and in the manner determined
by said court, and shall cause a certified copy of such judgment and of the report of such
committee as accepted to be recorded in the land records of each town in which any
part of such highway so discontinued, altered or laid out is situated. Appeal from the
judgment granting such petition or from the judgment of the court accepting such report
may be taken by any party in interest in the same manner as is prescribed by law for
appeals in civil actions.
(1949 Rev., S. 2149; 1958 Rev., S. 13-33; 1963, P.A. 226, S. 129; P.A. 03-115, S. 34.)
History: 1963 act replaced previous provisions: See title history; P.A. 03-115 made technical changes.
Court may order discontinuance of roads several years before construction of reservoir. 6 CS 359. Cited. 11 CS 429.