Sec. 8-127a. Limits on redevelopment agency's use of eminent domain under a redevelopment plan.
Sec. 8-127a. Limits on redevelopment agency's use of eminent domain under
a redevelopment plan. (a)(1) No real property may be acquired by a redevelopment
agency by eminent domain pursuant to section 8-128 under a redevelopment plan under
this chapter for the primary purpose of increasing local tax revenue.
(2) The redevelopment agency shall conduct a public hearing on any proposed acquisition of real property by eminent domain. The redevelopment agency shall cause
notice of the time, place and subject of the hearing to be published in a newspaper having
a substantial circulation in the municipality not more than ten days before the date set
for the hearing. Not less than ten days before the date of the hearing, the redevelopment
agency shall send, by first class mail, notice of the time, place and subject of the hearing
to the owners of record of the real property and to all owners of real property within
one hundred feet of the real property to be acquired by eminent domain.
(3) (A) No parcel of real property may be acquired by eminent domain under section 8-128, pursuant to a redevelopment plan under this chapter, except by approval by
vote of a majority of the members of the redevelopment agency. Such approval shall
be by (i) separate vote on each parcel of real property to be acquired, or (ii) a vote on
one or more groups of such parcels, provided each parcel to be acquired is identified
for the purposes of a vote on a group of such parcels under this subparagraph. The
redevelopment agency shall not approve the use of eminent domain unless the redevelopment agency has (I) considered the benefits to the public and any private entity that will
result from the redevelopment project and determined that the public benefits outweigh
any private benefits, (II) determined that the current use of the real property cannot be
feasibly integrated into the overall redevelopment plan, and (III) determined that the
acquisition of the real property by eminent domain is reasonably necessary to successfully achieve the objectives of the redevelopment plan.
(B) The redevelopment agency shall cause notice of any approved acquisition by
eminent domain under this subdivision to be published in a newspaper having a substantial circulation in the municipality not more than ten days after such approval.
(C) (i) The redevelopment agency shall acquire any property identified in the plan
as property to be acquired by eminent domain by a date that is five years after the date
the first property is acquired by eminent domain under the plan unless the redevelopment
agency approves an extension of the time for acquisition, except that no property may
be acquired by eminent domain under the plan more than ten years after the first property
is acquired by eminent domain under the plan.
(ii) With respect to a redevelopment plan for a project that is funded in whole or in
part by federal funds, the provisions of this subparagraph shall not apply to the extent
that such provisions are prohibited by federal law.
(4) The owner-occupant of property acquired by eminent domain under section 8-128, pursuant to a redevelopment plan under this chapter, may file an application in the
superior court for the judicial district in which the municipality is located to enjoin the
acquisition of such property. The court may issue such injunction if the court finds that
the redevelopment agency failed to comply with the requirements of this chapter. The
filing of an application to enjoin the acquisition of property by eminent domain, in a
court of competent jurisdiction, shall toll the five-year period or ten-year period set forth
in subparagraph (C) of subdivision (3) of this subsection with respect to such property
until the date a final judgment is entered in any such action, or any appeal thereof,
whichever date is later.
(b) (1) With respect to real property acquired by eminent domain on or after June
25, 2007, under section 8-128, pursuant to a redevelopment plan under this chapter, if
the municipality does not use the real property for the purpose for which it was acquired
or for some other public use and seeks to sell the property, the municipality shall first
offer the real property for sale pursuant to subdivision (2) of this subsection to the person
from whom the real property was acquired, or heirs of the person designated pursuant
to subdivision (2) of this subsection, if any, for a price not to exceed the lesser of (A)
the amount paid by the redevelopment agency to acquire the property, or (B) the fair
market value of the property at the time of any sale under this subsection. After the
municipality provides notice pursuant to subdivision (2) of this subsection, the municipality may not sell such property to a third party unless the municipality has permitted
the person or named heirs six months during which to exercise the right to purchase the
property, and an additional six months to finalize the purchase if the person or named
heirs provide the municipality with notice of intent to purchase the property within the
initial six-month period.
(2) For the purposes of any offer of sale pursuant to this subsection, the municipality
shall provide a form to any person whose property is acquired by eminent domain pursuant to section 8-128, pursuant to a redevelopment plan under this chapter, to permit such
person to provide an address for notice of sale to be sent, or to provide the name and
address of an agent to receive such notice. Such form shall be designed to permit the
person to designate heirs of the person who shall be eligible to purchase such property
pursuant to this subsection. The person or agent shall update information in the form in
writing. If the person or agent does not provide or update the information in the form
in a manner that permits the municipality to send notice of sale pursuant to this subsection, no such notice shall be required.
(3) With respect to a redevelopment plan for a project that is funded in whole or in
part by federal funds, the provisions of this subsection shall not apply to the extent that
such provisions are prohibited by federal law.
(P.A. 07-141, S. 2; June Sp. Sess. P.A. 07-5, S. 39-41.)
History: P.A. 07-141 effective June 25, 2007, and applicable to property acquired on or after that date; June Sp. Sess.
P.A. 07-5 amended Subsecs. (a)(3) and (4) and (b)(1) and (2) to substitute "section 8-128, pursuant to a redevelopment
plan under this chapter" for "this section", effective October 6, 2007.