Sec. 26-196. Determination of disputed boundaries in other cases.
Sec. 26-196. Determination of disputed boundaries in other cases. When any
designation of shellfish grounds which are wholly or partially within the exclusive jurisdiction of the state contains a map thereof or refers to such map lodged on file in the
town clerk's office, and the owner or owners of the adjoining grounds, so far as they
lie within the exclusive jurisdiction of the state, do not agree as to the location of the
line fixed by such map or, if the boundary between such owners is a town boundary and
they disagree as to the same, one or more of such owners may apply to the Commissioner
of Agriculture, who shall thereupon notify all parties in interest to file sworn statements
of facts and copies of maps as claimed by them respectively, and said commissioner
shall thereupon appoint a surveyor who shall take such maps and statements and lay
out and survey the grounds in the various ways claimed and, if any town boundary
comes into question, he shall ascertain and report upon such boundary as it appears
from the maps and records in the custody of the respective town clerks of such towns.
Thereupon he shall report his doings, accompanied with the maps or copies of maps
touching the dispute, to said commissioner, who shall thereupon summon all parties in
interest before him at a time and place to be named in the summons, and, after a full
hearing of the parties, with their witnesses and counsel, said commissioner shall establish
the line in dispute and cause the same to be located and marked by ranges and buoys;
and the line so established shall be the true dividing line between such grounds unless
on appeal taken to the Superior Court, as provided for in section 26-195, such decision
is reversed. The costs and expenses of such proceedings as fixed by said commissioner
shall be equally divided between the adjoining owners, who shall pay the same to said
commissioner upon the filing of his decision, and the same shall be accounted for and
paid to the State Treasurer; and the cases provided for by this section shall not be included
under section 26-195.
(1949 Rev., S. 5032; 1971, P.A. 872, S. 335; 1972, P.A. 52, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189,
S. 1.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments
of Agriculture and Consumer Protection, effective June 1, 2004.
The divisional line must be of adjoining grounds and the map must be one of absolute accuracy; these are jurisdictional
questions. 51 C. 188. Cited. 74 C. 374.