Sec. 22a-321. (Formerly Sec. 25-108a). Reimbursement of public service companies for relocation of facilities.
Sec. 22a-321. (Formerly Sec. 25-108a). Reimbursement of public service companies for relocation of facilities. Whenever the construction of any works of improvement, as defined in section 22a-318, for which the state has agreed to provide the necessary land, easements and rights-of-way, requires the readjustment, relocation or removal
of any public service facility, the Commissioner of Environmental Protection shall issue
an appropriate order to the company, corporation or municipality owning or operating
such facility, and such company, corporation or municipality shall readjust, relocate or
remove the same promptly in accordance with such order, and the cost of such readjustment, relocation or removal, including the cost of installing and constructing a facility
of equal capacity in a new location, together with the cost of acquiring such rights in
other land as may be necessary to relocate said facilities, shall be borne by the state. In
establishing the cost to be borne by the state, there shall be deducted from the cost of
the readjusted, relocated or removed facilities a sum based on a consideration of the value
of materials salvaged from existing installations, the cost of the original installation, the
life expectancy of the original facility and the unexpired term of such life use. If said
commissioner and the company, corporation or municipality owning or operating such
facility cannot agree upon the cost to be borne by the state, either may apply to the
superior court for the judicial district within which such works of improvement are
situated, or, if said court is not in session, to any judge thereof, for a determination of
the cost to be borne by the state, and said court or such judge, after causing notice of
the pendency of such application to be given to the other party, shall appoint a state
referee to make such determination. Such referee, having given at least ten days' notice
to the parties interested of the time and place of the hearing, shall hear both parties, shall
view such facility, shall take such testimony as he deems material and shall thereupon
determine the amount of the cost to be borne by the state and forthwith report to the
court. If the report is accepted by the court, such determination shall, subject to right of
appeal as in civil actions, be conclusive upon both parties.
(February, 1965, P.A. 567; 1971, P.A. 870, S. 121; 872, S. 127; P.A. 74-183, S. 253, 291; P.A. 76-436, S. 217, 681;
P.A. 78-280, S. 1, 127.)
History: 1971 acts replaced superior court with court of common pleas, effective September 1, 1971, except that courts
with cases pending retain jurisdiction unless pending matters deemed transferable and replaced commissioner of agriculture
and natural resources with commissioner of environmental protection; P.A. 74-183 added reference to judicial districts;
P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted reference to
counties; Sec. 25-108a transferred to Sec. 22a-321 in 1983.
See Sec. 25-83a re reimbursement for flood control projects.