Sec. 13a-80g. Disposition of interest in, above or below municipal highways.
Sec. 13a-80g. Disposition of interest in, above or below municipal highways.
(a) Any municipality may sell, lease or otherwise transfer easements or other interests
in, above or below any street, highway or other public right-of-way to the centerline
thereof, other than the right-of-way of a state highway as defined in section 13a-1, in
the same manner that it may dispose of any other interest in real property owned by
such municipality; provided that adequate provision is made for the safe and convenient
public use of the street, highway or other public right-of-way and for the protection of
adjacent land users and that the transferee of said interest restores the street, highway
or right-of-way to its condition existing prior to the transfer of said interest and provided
further that any sale, lease or transfer of easements or other interests above any street,
highway or other public right-of-way is made with the consent of the owner of the real
property abutting the portion of the street, highway or other public right-of-way above
which such easement or other interest is sold, leased or transferred. The sale, lease or
transfer of easements or other interests in, above or below the portion of a street, highway
or other public right-of-way lying to one side of the centerline thereof, shall not prevent
the sale, lease or transfer of easements or other interests in, above or below the portion
lying on the other side of such centerline, unless the terms of the initial sale, lease or
transfer so provide.
(b) Nothing in this section shall be deemed to diminish or restrict in any way any
authority concerning the sale, lease or transfer of any easements or other interests in,
above or below any street, highway or other public right-of-way which any municipality
or agency thereof may have by virtue of any special act or otherwise.
(1972, P.A. 94, S. 1; P.A. 99-181, S. 37, 40; P.A. 00-148, S. 4.)
History: P.A. 99-181 amended Subsec. (a) by requiring the transferee to restore the street, highway or right-of-way to
its existing condition prior to the transfer of an easement or other interest and requiring the consent of the abutting real
property owner for the sale, lease or transfer of certain easements or other interests, effective June 23, 1999; P.A. 00-148
amended Subsec. (a) by making technical changes.