Sec. 16-50d. Action to acquire property.
Sec. 16-50d. Action to acquire property. (a) Within one hundred eighty days
after approval by the Department of Public Utility Control of the sale, lease or other
disposition of land owned by a public service company, except a water company, the
recipient of a notice provided pursuant to subsection (a) of section 16-50c may give
written notice to the department and to the public service company by certified mail,
return receipt requested, of a desire to acquire such land and each shall have the right
to acquire the interest in the land which the public service company has declared its
intent to sell, lease or otherwise dispose of, provided (1) the state's right to acquire the
land shall be secondary to that of the municipality, and (2) the recipient has not waived
its right to acquire such land as set forth in subsection (b) of this section. In the case of
the sale, lease or other disposition of land owned by a water company, within one hundred
days after approval by the Department of Public Utility Control, the recipient of a notice
provided pursuant to subdivision (1) of subsection (b) of section 16-50c or any nonprofit
land-holding organization which has identified itself as a potential acquirer pursuant
to subdivision (2) of subsection (b) of section 16-50c may give written notice to the
department and to the water company by certified mail, return receipt requested, of a
desire to acquire the interest in the land which the water company has declared its intent
to sell, lease or otherwise dispose of, provided the recipient has not waived its right to
acquire such land as set forth in subsection (b) of this section.
(b) If the recipients of a notice provided pursuant to subsection (a) or (b) of section
16-50c, or any nonprofit land-holding organization identified as a potential acquirer
pursuant to subsection (b) of section 16-50c, fails to give notice, as provided in subsection (a) or (d) of this section, or give notice to the department and to the public service
company or water company by certified mail, return receipt requested, of a desire not
to acquire such land, or if a nonprofit land-holding organization fails to identify itself
as a potential acquirer pursuant to subsection (b) of section 16-50c, the right to acquire
such land in accordance with the terms of sections 16-50b to 16-50e, inclusive, shall
have been waived by such recipient or nonprofit land-holding organization.
(c) The written notice given by a municipality, the state, a water company or a
nonprofit land-holding organization pursuant to subsection (a) or (d) of this section
shall constitute acceptance of the terms, conditions and price set forth in the agreement
approved by the department in accordance with the provisions of subsection (a) of section 16-43 and section 16-50c. The municipality, state, water company or nonprofit
land-holding organization shall thereafter acquire the interest in land which the public
service company or water company has proposed to sell, lease or otherwise dispose of
within fifteen months after such written notice has been given.
(d) (1) Within one hundred eighty days after such approval by the Department of
Public Utility Control has been so given with respect to land owned by a public service
company other than a water company, a chief executive officer or officers or the Commissioner of Environmental Protection exercising their rights under subsection (a) of
this section may give written notice to the department and to the public service company
by certified mail, return receipt requested, of the municipality's or the state's intent to
acquire such land by eminent domain and each shall have the right to acquire the land
which the public service company has declared its intent to sell, lease or otherwise
dispose of, provided the municipality or the state has not waived its right to acquire
such land as set forth in subsection (b) of this section.
(2) Within one hundred days after such approval by the Department of Public Utility
Control has been so given with respect to land owned by a water company, a chief
executive officer or officers or the Commissioner of Environmental Protection exercising their rights under subsection (a) of this section may give written notice to the department and to the water company by certified mail, return receipt requested, of the municipality's or the state's intent to acquire such land by eminent domain and, subject to the
order of rights set forth in subsection (f) of this section to acquire water company land,
each shall have the right to acquire the land which the water company has declared its
intent to sell, lease or otherwise dispose of, provided the municipality or the state has
not waived its right to acquire such land as set forth in subsection (b) of this section.
(3) The procedure for acquiring the land pursuant to this subsection shall be as
follows: The Comptroller in the name of the state or the municipality shall proceed in
the same manner specified for redevelopment agencies in accordance with sections 8-128 to 8-133, inclusive, provided, if such land is subject to the provisions of section 25-32, such land shall not be sold or condemned as herein provided without the approval
of the Department of Public Health. The price, terms and conditions approved by the
department in accordance with the provisions of subsection (a) of section 16-43 and
section 16-50c shall apply to any such procedure and shall not be changed without the
approval of the department in accordance with the provisions of subsection (a) of section
16-43.
(e) In no case shall any such land be sold or transferred to a corporation, ten per
cent or more of the capital stock of which is owned or controlled by the stockholders
of the public service company or water company, for a consideration less than the fair
market value of the land. The provisions of this subsection shall not apply to transfers
of land between public service companies or water companies.
(f) When more than one person gives notice of a desire to acquire a water company
source or land, the right to acquire such source or land shall be in the following order:
(1) A water company, as defined in section 25-32a, for water supply purposes; (2) a
municipality in which the source or land is located for water supply, open space or
recreational purposes; (3) the state for open space or recreational purposes; (4) a private,
nonprofit land-holding organization for open space or recreational purposes; (5) a municipality for any public purpose, including, but not limited to, an educational use; and
(6) the state for any public purpose. Any such source or land acquired for open space
or recreational purposes shall have such restriction placed in the instrument intended
as a conveyance recorded in the land records in the town where the source or land is
situated. No source or land acquired pursuant to this section for open space or recreational purposes may be used for any other purpose unless the source or land has been
reoffered for open space or recreational purposes pursuant to the provisions of this
section and no notice of a desire to acquire such source or land has been given. The
department shall approve any such reoffering, provided there is compliance with this
section. In any decision pursuant to this subsection, the department shall act in concurrence with the Commissioner of Environmental Protection. Notwithstanding the provisions of subdivision (5) of this subsection, not more than fifteen per cent of the land
acquired pursuant to this section may be used by a municipality for a use other than
open space or recreational purposes without a reoffering. Any such other use shall be
subject to the provisions of section 7-131n. As used in this subsection, "open space or
recreational purposes" means use of lands for agriculture, parks, natural areas, forests,
camping, fishing, wetlands preservation, wildlife habitat, reservoirs, hunting, golfing,
boating, swimming and hiking, and "educational use" means the use by any town, city
or borough, whether consolidated or unconsolidated, and any school district or regional
school district, for the purposes of schools and related facilities.
(1967, P.A. 577, S. 3-6; 1972, P.A. 189, S. 3; June, 1972, P.A. 1, S. 21; P.A. 73-403; P.A. 74-256, S. 2-4; P.A. 75-405, S. 3-5; 75-486, S. 1, 69; P.A. 77-614, S. 162, 323, 610; P.A. 78-378, S. 3, 4, 6; P.A. 79-240; P.A. 80-482, S. 85, 348;
P.A. 87-70, S. 2-4; P.A. 88-354, S. 2; P.A. 89-301, S. 5, 7; P.A. 93-381, S. 9, 39; P.A. 95-48, S. 3; 95-118, S. 2; 95-257,
S. 12, 21, 58; P.A. 04-200, S. 5; P.A. 05-288, S. 218.)
History: 1972 acts added reference to notice by commissioner of environmental protection and provisions re state
acquisition of land, added Subsec. (e) and stated that Subsec. (e) is applicable to "matters currently pending before the
public utilities commission"; P.A. 73-403 changed required notice in Subsec. (a) from 45 to 60 days, required sale to take
place within 90, rather than 60, days in Subsecs. (e) and (d) and made exemption in Subsec. (e) applicable to transfers
between any public service companies, not just those controlled by same holding company; P.A. 74-256 changed notice
requirement in Subsec. (a) to 90 days and amended Subsec. (c) to allow sale of land within 90 days after commission
approval of land disposition; P.A. 75-405 replaced "such notice" in Subsec. (a) referring to notice in Sec. 16-50c with
"such approval by the public utilities commission" and required sale within 18 months, rather than 90 days in Subsec. (c),
deleting alternate requirement re sale within 90 days of commission approval altogether and added proviso re health
department approval; P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614
replaced authority with division of public utility control within the department of business regulation and department of
health with department of health services, effective January 1, 1979; P.A. 78-378 replaced Subsec. (c) which had referred
to procedure for acquiring land when price disputed with reworded provisions stating that approved notice constitutes
acceptance of terms, replaced Subsec. (d) which had required state or municipality to acquire land within 90 days after it
has expressed intent to do so with provisions re preferential acquisition rights and acquisition procedure and deleted
provisions in Subsec. (e) re offer of land or intent to sell land, after state or municipality fails to do so, upon different terms;
P.A. 79-240 amended Subsec. (d) to require health services department approval for condemnation of land; P.A. 80-482
made division of public utility control an independent department and deleted reference to abolished department of business
regulation; P.A. 87-70 changed the required notice period in Subsecs. (a) and (d) from 90 days to 180 days; P.A. 88-354
amended Subsec. (a) by adding specific provision re the sale, lease or other disposition of water company land, amended
Subsecs. (b) to (e), inclusive, with technical changes and added Subsec. (f) regarding priorities for the acquisition of water
company land; P.A. 89-301 amended Subsec. (b) by deleting incorrect reference to Subsec. (b) in provision re manner of
notice and amended Subsec. (f)(2) by specifying that municipality is the municipality in which the land is located; P.A.
93-381 replaced department of health services with department of public health and addiction services, effective July 1,
1993; P.A. 95-48 amended Subsec. (c) by changing "(1)" to "(a)" in reference to Subsec. of Sec. 16-43 and made technical
changes; P.A. 95-118 added provisions re waiving right to acquire land and organization identifying itself as potential
acquirer, substituted "the recipient of a notice provided pursuant to subsection (a) of section 16-50c" for "such chief
executive officers or the Commissioner of Environmental Protection" in Subsec. (a), in Subsec. (c) changed Subsec.
reference from (b) to (d), divided Subsec. (d) into Subdivs., separated provision re water company land, and added provision
re price, terms and conditions approved by the department; P.A. 95-257 replaced Commissioner and Department of Public
Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 04-200
amended Subsec. (f) to apply to water company "source", to add "water supply" in Subdiv. (2), to add "educational use"
in Subdiv. (5), and to define "educational use", effective June 3, 2004; P.A. 05-288 made technical changes in Subsec. (f),
effective July 13, 2005.