Sec. 48-24. Condemning authority to obtain zoning variance for portion of property not taken or take entire unit.
Sec. 48-24. Condemning authority to obtain zoning variance for portion of
property not taken or take entire unit. A condemning authority, if acquiring less than
the total amount of a single unit of contiguous property, shall, if the remaining portion of
such property does not conform to the area requirements of existing zoning regulations,
obtain a zoning variance for such remaining portion of property from the local zoning
board of appeals before condemning any portion of such property. If such variance is
not obtained prior to the taking by the condemning authority, the owner or owners of
such single unit of contiguous property shall be reimbursed for the total amount of such
unit and the condemning authority shall take title in fee simple to the entire unit of
contiguous property.
(1961, P.A. 387; 1963, P.A. 79; 1971, P.A. 208, S. 1.)
History: 1963 act specified that condemning authority takes title in fee simple to entire unit of contiguous property
where variance is not obtained before condemning authority takes occupancy; 1971 act required that variance be obtained
for portion of property not to be taken before any of the property is condemned rather than before any of the property is
occupied.
Cited. 168 C. 194. Cited. 169 C. 195. Interpretation of "area requirements" in this section. Id., 195. Cited. 174 C. 323.
Cited. 203 C. 675.
Setback violation does not trigger statute, only an area violation does. 46 CS 355.