Sec. 13b-42. Airport or restricted landing area owned or leased by the state. Granting of interests. Purchase or taking of airport properties. Agreements with municipalities. Advertisement and award
Sec. 13b-42. Airport or restricted landing area owned or leased by the state.
Granting of interests. Purchase or taking of airport properties. Agreements with
municipalities. Advertisement and award of certain leases that involve work on a
public building. (a) The commissioner shall have entire charge, control, operation and
management of any airport or restricted landing area owned or leased by the state, except
any air navigation facility operated exclusively by the Military Department, and may
act with the consent of the State Properties Review Board as agent of the state in any
negotiations with the federal government concerning land or other property used or to
be used by the state for aeronautical purposes.
(b) With the approval of the Attorney General, the Secretary of the Office of Policy
and Management and the State Properties Review Board, the commissioner may sell
or lease or grant any interest in any airport or airport site or any part thereof, hangars,
shops or other buildings or other property owned or held under lease by the state, except
that after initiating such approval, the commissioner may temporarily lease any such
interest. A temporary lease shall be effective only until a final decision is made by the
Attorney General, the secretary and the Properties Review Board. Leases of land of the
state shall be for periods determined by the commissioner with the approval of the State
Properties Review Board and may provide for the construction of buildings on the land.
The commissioner may confer the privilege of concessions of supplying, upon the airports, goods, commodities, service and facilities. The commissioner shall grant no exclusive right for the use of any airway, airport, restricted landing area or other air navigation
facility under his jurisdiction.
(c) The commissioner may, subject to the provisions of section 4b-23, purchase or
take and, in the name of the state, may acquire title in fee simple to, or any lesser estate,
interest or right in, any airport, restricted landing area or other air navigation facility
owned or controlled by any municipality or by any two or more municipalities jointly
or by any other person, if he finds that the acquisition of such airport, restricted landing
area or other air navigation facility is necessary to the maintenance of adequate air
transportation in the state or is required by public convenience and safety, except that
no such purchase, taking or acquisition may be made by the commissioner of any such
airport, restricted landing area or other air navigation facility which is owned or controlled by and used as a part of a research, development or manufacturing activity,
unless with the consent of the one owning or controlling such airport, area or facility.
In connection with the purchase or taking by the commissioner of any such property
owned by any person other than a municipality, the determination by the commissioner
and the Commissioner of Public Works that the purchase or taking is necessary shall
be conclusive. The taking shall be in the manner prescribed in section 48-12 for the
taking of land for state institutions.
(d) In connection with the purchase or taking by the commissioner of any such
property in a municipality, the commissioner shall file with the chief executive officer
or first selectman of the municipality a written statement finding that the purchase or
taking is necessary, setting forth the reasons supporting such finding and requesting
approval by the municipality of the purchase or taking, which approval shall be by
vote of the municipality at a referendum held at the next regular election held in the
municipality. If the municipality by vote disapproves the purchase or taking, the commissioner may, within thirty days following the vote, appeal to the superior court for
the judicial district in which the municipality is located and the appeal shall be accorded
a privileged status. The court shall, after hearing, determine whether the commissioner
has proven the necessity for the purchase or taking and the burden of proving such
necessity shall be upon the commissioner. If the court after hearing, deems that the
commissioner has not sustained such burden of proof, the court shall enter judgment
for, and may award reasonable costs to, the municipality. If the court, after hearing,
determines that the commissioner has sustained such burden of proof, the court may set
aside the action of the municipality disapproving the purchase or taking and may enter
an order upon terms and conditions that it deems appropriate to safeguard the rights of
the parties and the public. After a purchase or taking has been legally approved, or its
disapproval has been set aside by the Superior Court, the state may proceed with the
purchase or taking upon paying just compensation to the municipality. In case the state
cannot agree with the municipality upon the amount of the compensation, the amount
shall be determined in the manner prescribed in section 48-12. An appeal from the
amount so determined shall not act as a stay of the purchase or taking.
(e) The commissioner may, in the name of the state, purchase, take or acquire any
interest, in whole or in part, in land, buildings, equipment or facilities that he has sold,
leased or granted in any state airport, state airport site or any part thereof pursuant to
subsection (b) of this section. The commissioner's determination that such purchase,
taking or acquisition is necessary shall be conclusive. Any taking shall be in a manner
prescribed in section 13a-73 for the taking of land for highway purposes.
(f) The commissioner may (1) prohibit, limit or restrict the parking of vehicles, (2)
determine speed limits with the approval of the State Traffic Commission, (3) restrict
roads or portions thereof to one-way traffic, (4) designate the location of crosswalks,
on any portion of any road or highway upon the grounds of any airport owned or held
under lease by the state, and (5) erect and maintain signs designating such prohibitions
or restrictions. Any person who fails to comply with any such prohibition or restriction
shall be subject to a fine of not more than twenty-five dollars, and on and after July 1,
1985, not more than thirty-eight dollars, on and after July 1, 1989, not more than fifty-six dollars, on and after July 1, 1991, not more than seventy dollars, and on and after
July 1, 1993, not more than eighty-eight dollars.
(g) The commissioner may enter into an agreement with any municipality within
or near which any airport owned or leased by the state is located, for the purpose of
mutual assistance for fire protection.
(h) Any lease which involves the construction, reconstruction, alteration, remodeling, repair or demolition of any public building which is estimated to cost more than
five hundred thousand dollars shall be advertised and awarded in accordance with section 13b-20n.
(1969, P.A. 421, S. 1; 768, S. 37; 779; P.A. 75-425, S. 38, 57; P.A. 76-253, S. 4, 6; P.A. 77-614, S. 19, 73, 610; P.A.
78-280, S. 2, 127; P.A. 80-231, S. 2; P.A. 81-421, S. 7, 9; 81-472, S. 127, 159; P.A. 84-254, S. 19, 62; P.A. 85-427, S. 1;
85-613, S. 115, 154; P.A. 87-496, S. 71, 110; P.A. 97-40, S. 1; P.A. 03-215, S. 14; 03-278, S. 31.)
History: 1969, P.A. 421 in fact amended Sec. 15-49, which was then repealed by P.A. 768 and replaced by provisions
of Sec. 37 of that act; 1969, P.A. 779 added exception pertaining to acquisition of such facilities used as a part of research,
development or manufacturing activity unless with consent of one owning or controlling it; P.A. 75-425 provided for acting
with the consent of the state properties review board in Subsec. (a), added public works commissioner as an approval
authority and also provided for his action in conjunction with the transportation commissioner in determining lengths of
leases and in approving construction of buildings thereon in Subsec. (b), further made Subsec. (c) subject to the provisions
pertaining to the state properties review board and included the public works commissioner in making the determination
of necessity for purchase or taking; P.A. 76-253 substituted state properties review board for the public works commissioner
in provisions of Subsec. (b); P.A. 77-614 substituted secretary of the office of policy and management for commissioner
of finance and control in Subsec. (b) and substituted commissioner of administrative services for public works commissioner
in Subsec. (c); P.A. 78-280 substituted "judicial district" for "county" following "superior court" in Subsec. (d); P.A. 80-231 inserted in Subsec. (b) provision for temporary leasing arrangement pending final decision; P.A. 81-421 inserted new
Subsec. (e) authorizing the commissioner to acquire or condemn any interest in airport properties that he has leased or
granted pursuant to this section and relettered former Subsecs. (e) and (f) accordingly; P.A. 81-472 made technical changes;
P.A. 84-254 increased maximum fine from $25 to $88 between July 1, 1985, and July 1, 1993; P.A. 85-427 amended Subsec.
(a) by excepting from the control of the commissioner of transportation any air navigation facility operated exclusively by
the state military department; P.A. 85-613 made technical change in Subsec. (f); P.A. 87-496 substituted public works
commissioner for administrative services commissioner in Subsec. (c); P.A. 97-40 amended Subsec. (d) by deleting "on
the docket and trial list"; P.A. 03-215 added new Subsec. (h) re leases for construction, reconstruction, alteration, remodeling, repair or demolition of a public building valued over $500,000 to be advertised and awarded in accordance with Sec.
13b-20n, effective October 1, 2004; P.A. 03-278 made a technical change in Subsec. (a), effective July 9, 2003.
Annotations to former section 15-79:
Error to exclude evidence which, if proved, would attack the reason for the taking by aeronautics commission. 153 C.
351. Aeronautics commission, an agency of state, must have prior approval of municipality in which property is situated
before it may exercise its power of eminent domain to acquire property by condemnation and where it failed to comply
with this condition, trial court properly rendered judgment for defendants. 155 C. 502.
Annotations to present section:
Case discussed re current sections 13b-42 to 13b-44. 31 CS 216.
Subsec. (a):
Cited. 201 C. 700.
Subsec. (c):
Cited. 201 C. 700. Cited. 209 C. 480.
Subsec. (d):
Cited. 201 C. 700.
Subsection applies only to municipally owned airports. Legislative history discussed. 31 CS 216.
Subsec. (e):
Cited. 209 C. 480.