Sec. 8-273a. Relocation assistance by Commissioner of Transportation. Outdoor advertising structures. Appeals.
Sec. 8-273a. Relocation assistance by Commissioner of Transportation. Outdoor advertising structures. Appeals. (a) Notwithstanding any other provisions of the
general statutes to the contrary, whenever the Commissioner of Transportation undertakes the acquisition of real property on a state or federally-funded project which results
in any person being displaced from his home, business, or farm, the Commissioner
of Transportation is hereby authorized to provide relocation assistance and to make
relocation payments to such displaced persons and to do such other acts and follow
procedures and practices as may be necessary to comply with or to provide the same
relocation assistance and 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.
(b) (1) Whenever the Commissioner of Transportation acquires an outdoor advertising structure, the amount of compensation to the owner of the outdoor advertising
structure shall include either (A) payment for relocation costs incurred by such owner,
or (B) the amount determined in accordance with subdivision (2) or (3) of this subsection.
For purposes of this section, the fair market value of the outdoor advertising structure
shall be determined by the income capitalization method.
(2) If the owner (A) is able to obtain, within one year of acquisition by the commissioner or any additional period to which the owner and the commissioner both consent,
all state and local permits necessary for relocation of the outdoor advertising structure
to another site in the Standard Metropolitan Statistical Area, as designated in the federal
census, in which the outdoor advertising structure is located, and (B) such site was not
previously offered for sale or lease to the owner of the outdoor advertising structure, then
the commissioner shall pay to the owner the replacement cost of the outdoor advertising
structure, plus the fair market value of such outdoor advertising structure less the fair
market value of the outdoor advertising structure at the new site.
(3) If the owner (A) is unable to obtain, within one year of acquisition by the commissioner or any additional period to which the owner and the commissioner both consent,
all state and local permits necessary for relocation to another site in the same Standard
Metropolitan Statistical Area, as designated in the federal census in which the outdoor
advertising structure is located, or (B) such site was previously offered for sale or lease
to the owner of the outdoor advertising structure, the commissioner shall pay the fair
market value of the outdoor advertising structure the commissioner has acquired. The
owner shall provide to the commissioner written documentation sufficient to establish
that all state and local necessary permits cannot be obtained for relocation within one
year of acquisition or any additional period to which the owner and the commissioner
both consent or that the only available relocation sites have been previously offered for
sale or lease to the owner.
(4) Any person aggrieved by determination of the amount of compensation paid
under this subsection may appeal to the State Properties Review Board.
(5) The provisions of this subsection shall not be construed to authorize any action
that is found to violate the provisions of 23 USC 131 or 23 CFR 750 or the terms of an
agreement entered into by the Commissioner of Transportation with the Secretary of
Commerce pursuant to subsection (b) of section 13a-123.
(P.A. 91-78; P.A. 07-141, S. 18; 07-207, S. 4; June Sp. Sess. P.A. 07-5, S. 59.)
History: P.A. 07-141 designated existing provisions as Subsec. (a) and added Subsec. (b) re outdoor advertising structures and appeal to State Properties Review Board, effective June 25, 2007, and applicable to property acquired on or after
that date; P.A. 07-207 added Subsec. (b)(5) re federal preemption, effective July 10, 2007, and applicable to property
acquired on and after that date; June Sp. Sess. P.A. 07-5 rewrote Subsec. (b) re outdoor advertising structures, provided
in Subsec. (b)(1) that compensation include either relocation costs or amount determined under Subdiv. (2) or (3), amended
Subsec. (b)(2) to subtract value of the outdoor advertising structure at new site, and amended Subsec. (b)(2) and (3) to
reference any additional period to which owner and commissioner consent, effective October 6, 2007, and applicable to
property acquired on or after that date (Revisor's note: In Subsec. (b)(1) the word "the" in the phrase "For purposes of the
section" was replaced editorially by the Revisors with the word "this" for consistency with customary statutory usage).
Cited. 43 CS 457.