Sec. 32-228. Sale, exchange or lease of real property under custody and control of the Department of Economic and Community Development.
Sec. 32-228. Sale, exchange or lease of real property under custody and control
of the Department of Economic and Community Development. (a) The Commissioner of Economic and Community Development may, with the approval of the Commissioner of Public Works, the Secretary of the Office of Policy and Management and the
State Properties Review Board, sell, exchange, lease or enter into agreements concerning
any real property belonging to the state and transferred to the custody and control of
the Department of Economic and Community Development. The commissioner shall
require, as a condition of any sale, exchange, lease or agreement entered into pursuant
to this section, that such real property be used primarily for manufacturing or economic
base businesses or for business support services. Prior to any such sale, exchange, lease
or agreement, the commissioner shall consult with each municipality in which the land,
improvement or interest is located.
(b) The Commissioner of Economic and Community Development, with the approval of the Commissioner of Public Works, the Secretary of the Office of Policy and
Management and the State Properties Review Board, may: (1) Enter into a contract to
purchase, lease or hold any surplus real property made available by the federal government if the commissioner determines that such real property can be utilized for manufacturing or other economic base businesses or for business support services and (2) sell,
exchange, lease or enter into an agreement concerning any real property acquired by
the commissioner under subdivision (1) of this subsection. The commissioner shall
require, as a condition of any sale, exchange, lease or agreement entered into pursuant
to subdivision (2) of this subsection, that such real property be used primarily for manufacturing or other economic base businesses or for business support services. No such
land may be sold, exchanged or leased by the commissioner under subdivision (2) of
this subsection without prior consultation with each municipality in which such land is
located.
(c) The use of any land sold, exchanged or leased under this section shall be subject
to the planning, zoning, sanitary and building laws, ordinances or regulations of the
municipality in which such land is located.
(d) The Commissioner of Economic and Community Development may, with the
approval of the Commissioner of Public Works, the Secretary of the Office of Policy
and Management and the State Properties Review Board: (1) Enter into a contract to
purchase, lease or hold any real property, other than property owned by the state or made
available by the federal government, if the commissioner has entered into a contract to
sell, exchange or lease such property to another person who will utilize such property
for manufacturing or other economic base business or for business support services
provided such sale or lease shall close not later than one week after the commissioner
purchases, leases, holds or otherwise acquires such property and further provided such
contract shall provide that the transferor shall be liable for any costs associated with
remediation of environmental contamination of such real property; and (2) sell, exchange or lease any real property acquired by the commissioner under subdivision (1)
of this subsection. The commissioner shall require, as a condition of any sale, exchange,
lease or agreement entered into pursuant to subdivision (2) of this subsection, that such
real property be used primarily for manufacturing or other economic base business or
for business support services. No such land may be sold, exchanged or leased by the
commissioner under subdivision (2) of this subsection without prior consultation with
each municipality in which such real property is located provided any person who leases
such property from the commissioner under this subsection shall be liable to the municipality for any tax due under chapter 203 as if such lessee were the owner of such property.
The transferor shall be liable for any costs associated with remediation of environmental
contamination of any property which the Commissioner of Economic and Community
Development proposes to acquire under this section provided, in the case of a property
to be subsequently sold by the commissioner under this section, the commissioner may
enter into a contract with the subsequent transferee under which the transferee shall be
liable for such costs.
(P.A. 90-270, S. 9, 38; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 97-211, S. 1, 7.)
History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 97-211 added Subsec. (d) re acquisition and
transfer of certain real property by the commissioner, effective June 24, 1997.