Sec. 13b-44. Establishment and maintenance of state airports.
Sec. 13b-44. Establishment and maintenance of state airports. (a) The state
may establish, maintain and operate, and may expand, an airport at any location within
the state in the following manner. The commissioner shall conduct and complete a study
of the adequacy of existing airports, which study may be based upon the study authorized
under section 13b-16, and shall determine the necessity for the establishment of additional airports or the expansion of existing airports. The commissioner shall, within one
year of the completion of such study, formulate and adopt a plan of development which
shall incorporate the findings of such study, showing the necessity for such establishment
or expansion, in a manner consistent with the comprehensive long-range master transportation plan. The plan of development shall specify the lands or interests in such lands
the acquisition of which the commissioner deems necessary for such establishment or
expansion and a copy of such plan of development shall be filed in the office of the
town clerk of each municipality in which such establishment or expansion is proposed.
(b) The commissioner shall cause a public hearing to be held at the expense of the
department in each municipality in which such lands or interests in such lands are located. At such hearing, the commissioner shall present and explain the plan of development, and any persons who are opposed to such plan may be heard and may state their
reasons for such opposition. Such hearing shall be held not earlier than thirty days after
such plan has been filed in the office of the town clerk of the municipality. Notice of
the time and place of such hearing shall be published in a newspaper having a substantial
circulation in such municipality at least twice, at intervals of not less than two days, the
first not more than fifteen days or less than ten days and the second not less than two
days before such hearing.
(c) Upon the completion of such hearing, the commissioner shall consider all the
evidence relevant to the proposed plan of development, and if the commissioner determines that the airport establishment or expansion provided in the plan is necessary,
shall make such changes or modifications in the plan as are in the public interest. The
commissioner shall file a copy of the revised plan, showing the changes or modifications
made, in the office of the town clerk of the municipality and shall notify and send
a copy of such revised plan to the chief executive officer or first selectman of such
municipality. Such notice shall contain the request that the municipality approve the
proposed establishment or expansion, which approval shall be by vote of a town or
borough, and by vote of the city council of a city.
(d) If the municipality fails or neglects to act upon a request for approval within
sixty days after the receipt of such request by its chief executive officer or first selectman,
the municipality shall be deemed to have approved of such establishment or expansion.
If the municipality by vote disapproves of the establishment or expansion, the commissioner may, within thirty days following such 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 establishment or expansion of an airport within the
municipality and the burden of proving such necessity shall be upon the commissioner.
If the court, after hearing, determines 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 establishment or expansion and may enter such order upon such terms
and conditions as it deems appropriate to safeguard the rights of the parties and the
public.
(e) After a plan has been legally approved, or its disapproval has been set aside by
the Superior Court, the state may take any lands or interests in such lands contained in
the plan upon paying just compensation to the owner. In case the state cannot agree with
such owner on the amount of such 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 taking of such land, provided no facility or land or interest in
such land held by a public service company for service to the public shall be so taken
or removed unless, at the expense of the state, an adequate and equal substitute approved
by the Department of Public Utility Control shall first be provided.
(1969, P.A. 768, S. 39; P.A. 74-338, S. 64, 94; P.A. 75-486, S. 37, 69; P.A. 77-614, S. 162, 610; P.A. 78-280, S. 2,
127; P.A. 80-482, S. 31, 348; P.A. 97-40, S. 2; P.A. 03-115, S. 51; P.A. 04-257, S. 21.)
History: P.A. 74-338 made technical changes; P.A. 75-486 substituted in Subsec. (e) "public utilities control authority"
for "public utilities commission", effective December 1, 1975; P.A. 77-614 replaced public utilities control authority with
the division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 78-280
substituted in Subsec. (d) "judicial district" for "county" following "superior court"; P.A. 80-482 substituted in Subsec.
(e) "department of public utility control" for the division of public utility control within the department of business regulation; P.A. 97-40 amended Subsec. (d) by deleting "on the docket and trial list"; P.A. 03-115 made technical changes; P.A.
04-257 made technical changes in Subsec. (b), effective June 14, 2004.
See note to Sec. 13b-42.
Statute not applicable to dispute arising prior to its enactment. 180 C. 587. Cited. 185 C. 145. Cited. 201 C. 700.
Legislative history discussed. 31 CS 216.