2005 Connecticut Code - Sec. 13a-38. Entry on private property to determine boundary.

      Sec. 13a-38. Entry on private property to determine boundary. The commissioner or his agent may enter upon private property for the purpose of surveying or examining such property for the determination of the boundary line of any highway under his control. He shall use care so that no unnecessary damage shall result, and the state shall be liable to the owner of any property for any damage he causes such owner.

      (1949 Rev., S. 2194; 1958 Rev., S. 13-79; 1961, P.A. 137, S. 1; 1963, P.A. 226, S. 39.)

      History: 1961 act removed provision re commissioner's power to lay out, alter, construct, reconstruct, etc. highways whenever "interest of the state so requires"; 1963 act replaced previous provisions: See title history.

      See Sec. 13a-60 re entry upon private property necessitated by alteration of highways.

      Cited. 125 C. 413; 129 C. 83. Does not imply consent on the part of the state to be sued. 146 C. 316.

      Cited. 6 CS 5. Complaint alleging that highway commissioner unnecessarily discharged surface water onto plaintiff's land is good against demurrer. Id., 485. Commissioner not authorized by this section to condemn property or to enter into contracts. 18 CS 264. Requires allegation that damage complained of was unnecessary. 20 CS 142.