Sec. 8-37y. Powers of Commissioner of Economic and Community Development re state real property transferred to the Department of Economic and Community Development and surplus real property made avail
Sec. 8-37y. Powers of Commissioner of Economic and Community Development re state real property transferred to the Department of Economic and Community Development and surplus real property made available by the federal government. (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, as defined in section 8-39, belonging to
the state and transferred to the custody and control of the Department of Economic and
Community Development under the provisions of subsection (b) of section 4b-21. 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 only for an emergency shelter or transitional living facility for homeless persons or for the provision
of low and moderate income housing, including, but not limited to, the construction,
rehabilitation or renovation of housing for persons and families of low and moderate
income, except that such condition, in the discretion of the commissioner, may be subordinated in the case of a subsequent first mortgage or a requirement of a governmental
program relating to such real property, and except that in the case of an exchange of
real property, the commissioner (1) shall require that the parcel received by the commissioner, as a condition of such exchange, shall be suitable for an emergency shelter or
transitional living facility for homeless persons or for the construction, rehabilitation
or renovation of housing for persons and families of low and moderate income and (2)
shall release any restrictions required to be imposed by this subsection on the parcel
transferred by the commissioner. Prior to any such sale, exchange, lease or agreement,
the commissioner shall notify the chief executive officer or officers of the municipality
or municipalities in which such real property is located. No such real property may be
sold, exchanged or leased by the commissioner under this subsection without the approval of the municipality or municipalities in which the real property 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, including excess real property acquired by the federal government for highway
construction, if the commissioner determines that such real property can be utilized for
the construction, rehabilitation or renovation of housing for persons and families of low
and moderate income and (2) sell, exchange, lease or enter into agreements 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 only for the construction, rehabilitation or renovation of housing for persons and
families of low and moderate income. Prior to any such sale, exchange, lease or
agreement, the commissioner shall notify the chief executive officer or officers of the
municipality or municipalities in which such real property is located. No such real property may be sold, exchanged or leased by the commissioner under subdivision (2) of
this subsection without the approval of the municipality or municipalities in which the
real property is located.
(c) The use of any real property under this section shall be subject to the planning,
zoning, sanitary and building laws, ordinances and regulations applicable to the locality
in which the real property is located.
(d) As used in this section, "exchange" means the mutual transfer of interests in
real property, simultaneously and each in consideration of the other.
(P.A. 88-290, S. 2, 3; P.A. 90-205, S. 3; 90-238, S. 31, 32; P.A. 92-91, S. 1; 92-183, S. 1, 3; P.A. 95-250, S. 1; P.A.
96-211, S. 1, 5, 6.)
History: P.A. 90-205 added Subsec. (d) which defined the term "exchange" to mean "the mutual transfer of equal
interests in land, ..." (Revisor's note: The term "real property" was substituted editorially by the Revisors for the term
"land" for consistency with the changes made by public act 90-238 to Subsecs. (a) to (c), inclusive); P.A. 90-238 changed
all references to land and interest therein to references to real property, as defined in Sec. 8-39; P.A. 92-91 amended Subsec.
(a) by adding provisions requiring that in the exchange of real property, the property received by commissioner shall be
suitable for specified purposes and that restrictions on property transferred by commissioner shall be released; P.A. 92-183 amended Subsec. (a) by adding provision re subordination of use condition in the case of a subsequent first mortgage
or requirement of a governmental program and made technical changes; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development.