Sec. 8-268. Payment for displacement expenses and losses. Moving expenses and dislocation allowances. Fixed payments. Landlord's responsibility in certain cases.
Sec. 8-268. Payment for displacement expenses and losses. Moving expenses
and dislocation allowances. Fixed payments. Landlord's responsibility in certain
cases. (a) Whenever a program or project undertaken by a state agency or under the
supervision of a state agency will result in the displacement of any person on or after
July 6, 1971, the head of such state agency shall make payment to any displaced person,
upon proper application as approved by such agency head, for (1) actual reasonable
expenses in moving himself, his family, business, farm operation or other personal
property, (2) actual direct losses of tangible personal property as a result of moving or
discontinuing a business or farm operation, but not to exceed an amount equal to the
reasonable expenses that would have been required to relocate such property, as determined by the state agency, and (3) actual reasonable expenses in searching for a replacement business or farm, provided, whenever any tenant in any dwelling unit is displaced
as the result of the enforcement of any code to which this section is applicable by any
town, city or borough or agency thereof, the landlord of such dwelling unit shall be
liable for any payments made by such town, city or borough pursuant to this section or
by the state pursuant to subsection (b) of section 8-280, and the town, city or borough
or the state may place a lien on any real property owned by such landlord to secure
repayment to the town, city or borough or the state of such payments, which lien shall
have the same priority as and shall be filed, enforced and discharged in the same manner
as a lien for municipal taxes under chapter 205.
(b) Any displaced person eligible for payments under subsection (a) of this section
who is displaced from a dwelling and who elects to accept the payments authorized by
this subsection in lieu of the payments authorized by subsection (a) of this section may
receive a moving expense allowance, determined according to a schedule established
by the state agency, not to exceed three hundred dollars and a dislocation allowance of
two hundred dollars.
(c) Any displaced person eligible for payments under subsection (a) of this section
who is displaced from the person's place of business or from the person's farm operation
and who elects to accept the payment authorized by this subsection in lieu of the payment
authorized by subsection (a) of this section, may receive a fixed payment in an amount
equal to the average annual net earnings of the business or farm operation, except that
such payment shall not be less than two thousand five hundred dollars nor more than
ten thousand dollars. In the case of a business no payment shall be made under this
subsection unless the state agency is satisfied that the business (1) cannot be relocated
without a substantial loss of its existing patronage, and (2) is not a part of a commercial
enterprise having at least one other establishment not being acquired by the state, which
is engaged in the same or similar business. For purposes of this subsection, "average
annual net earnings" means one half of any net earnings of the business or farm operation,
before federal, state and local income taxes, during the two taxable years immediately
preceding the taxable year in which such business or farm operation moves from the
real property acquired for such project, or during such other period as such agency
determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, the owner's spouse or
the owner's dependents during such period.
(d) Notwithstanding the provisions of this section, in the case of displacement of a
person on or after October 1, 2007, because of acquisition of real property by a redevelopment agency pursuant to section 8-128, a development agency pursuant to section 8-193, or an implementing agency pursuant to section 32-224, pursuant to a redevelopment
plan approved under chapter 130 or a development plan approved under chapter 132 or
588l, the agency shall make relocation payments as provided under the federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC
4601 et seq. and any subsequent amendments thereto and regulations promulgated thereunder if payments under said act and regulations would be greater than payments under
this section and sections 8-269 and 8-270.
(1971, P.A. 838, S. 3; P.A. 79-518, S. 2, 6; P.A. 82-399, S. 1; P.A. 86-307, S. 8, 12; P.A. 05-288, S. 46; P.A. 07-141,
S. 13.)
History: P.A. 79-518 amended Subsec. (a) by adding reference to programs or projects supervised by state agency and
deleting reference to "acquisition of real property for" such programs or projects; P.A. 82-399 amended Subsec. (a) to
provide for the liability of the landlord in certain code enforcement cases; P.A. 86-307 amended Subsec. (a) to make
landlord liable for any payments made "by the state pursuant to subsection (b) of section 8-280" and to allow state to place
lien on real property owned by landlord to secure repayment; P.A. 05-288 made a technical change in Subsec. (a), effective
July 13, 2005; P.A. 07-141 made technical changes in Subsec. (c) and added Subsec. (d) re displacement assistance pursuant
to federal requirements because of acquisition pursuant to Sec. 8-128, 8-193 or 32-224, effective October 1, 2007, and
applicable to property acquired on or after that date.
Cited. 192 C. 207.
Cited. 5 CA 219. Cited. 19 CA 360.
Cited. 43 CS 457.
Subsec. (a):
Subdiv. (2) cited. 233 C. 296.