Sec. 16-50z. Acquisition of real property for transmission facility. Regulations. Public service company acquisition of residential real property by condemnation.
Sec. 16-50z. Acquisition of real property for transmission facility. Regulations. Public service company acquisition of residential real property by condemnation. (a) No person engaged in the transmission of electric power or fuel in the state
shall acquire real property in contemplation of a possible future transmission facility,
other than a facility for which the council has issued a certificate or one which the council
has found will have no substantial adverse environmental effect, except as provided in
regulations adopted by the council. Such regulations shall permit such acquisition (1)
to avoid hardship for an owner of property; (2) to prevent substantial development along
a possible transmission route until it becomes timely for the council to decide whether
a certificate should be issued for a transmission facility along that route; and (3) to allow
a modification of the boundaries between an existing right-of-way in fee and an adjoining
parcel of land, or of the location of an existing easement right-of-way across a parcel
of land, for the convenience of the owner of such parcel. Such regulations shall require
that any such person intending to acquire such property shall, prior to entering any
binding commitment therefor, file with the council a statement describing the property
and the reason for its acquisition. Such acquisition may proceed unless the council
gives notice within thirty days after such filing that a hearing will be held to review the
conformity of the acquisition with its regulations, in which case such acquisition shall
not proceed without the approval of the council.
(b) A person engaged in the transmission of electric power or fuel in the state may
acquire real property, and exercise any right of eminent domain, granted by the general
statutes or any special act therefor, for (1) relocation of a transmission facility or right-of-way required by a public highway project or other governmental action; (2) acquisition of
additional rights or title to property already subject to an easement or other rights for
electric transmission or distribution lines; or (3) widening a portion, not exceeding one
mile in length, of a transmission right-of-way for reasons of safety or convenience of
the public.
(c) When a public service company intends to acquire residential real property by
condemnation, and the owner of such property disputes the company's need to acquire
such property, the owner may bring the issue of the purpose for which the property is
being acquired to the Siting Council not later than thirty days following the owner being
informed of the company's intention. The company shall include in its notification to
the owner of its intention to acquire such property by condemnation, a statement that
the owner may bring the issue of the purpose for which the property is being acquired
to the Siting Council. The company shall send such notification to the owner by certified
mail. Upon written request by the owner, the council shall initiate a proceeding to determine whether the proposed taking is necessary and consistent with the provisions of
section 16a-35k. The council shall (1) provide the owner of the property and the public
service company with notice of the proceeding, (2) hold a hearing in accordance with
the provisions of chapter 54 as part of such a proceeding, and (3) render a decision upon
the record not later than ninety days following the council's receipt of the written request
for such a proceeding, provided the parties may agree to a longer period, which decision
shall state whether the proposed taking is necessary and consistent with the provisions
of section 16a-35k and include appropriate findings. The public service company shall
pay the expenses incurred by the council in conducting a proceeding pursuant to this
subsection. If a public service company and the owner of real property agree that the
proposed taking is necessary and consistent with the provisions of section 16a-35k but
cannot agree on fair compensation for the property, or if the public service company or
owner disagrees with the decision of the council regarding whether the proposed taking
is necessary and consistent with the provisions of section 16a-35k, the public service
company or the owner may petition the Superior Court to determine the issue in question.
Such a petition shall be submitted to the superior court for the judicial district in which
the property is located.
(d) A public service company which acquires residential real property by condemnation shall pay to the owner of such property (1) the fair market value of such property,
(2) reasonable moving expenses incurred by the owner, provided if the owner moves
beyond a two-hundred-mile radius of such property, the company shall pay the reasonable moving expenses that would have been incurred by the owner if the owner had
moved within a two-hundred-mile radius of such property, and (3) any other expenses
as ordered by a court.
(P.A. 76-359, S. 6, 7; P.A. 95-217, S. 7.)
History: P.A. 95-217 added new Subsecs. (c) and (d) re condemnation of residential real property.
Section distinguishes between acquiring property and exercising "any right of eminent domain". 35 CS 303.
Subsec. (a):
Legislative history indicates "acquire" means "purchase"; authority to condemn to be strictly construed in favor of
owner. 35 CS 303.
Subsec. (b):
"Acquire" and "eminent domain" distinguished. 35 CS 303.