2005 Connecticut Code - Sec. 13a-49. Discontinuance of highways or private ways.

      Sec. 13a-49. Discontinuance of highways or private ways. The selectmen of any town may, subject to approval by a majority vote at any regular or special town meeting, by a writing signed by them, discontinue any highway or private way, or land dedicated as such, in its entirety, or may discontinue any portion thereof or any property right of the town or public therein, except when laid out by a court or the General Assembly, and except where such highway is within a city, or within a borough having control of highways within its limits. Any person aggrieved may be relieved by application to the Superior Court, to be made and proceeded with in the manner prescribed in section 13a-62. Whenever a petition has been presented to the selectmen for such discontinuance or partial discontinuance of any land dedicated as a highway or private way but which has not been actually used, worked or accepted, as a highway, by the town, and such discontinuance or partial discontinuance has not been made by the selectmen and approved by the town within twelve months after such presentation, any person aggrieved may be relieved by application to said court, to be made and proceeded with in the manner prescribed in section 13a-62.

      (1949 Rev., S. 2147; 1957, P.A. 13, S. 72; 1958 Rev., S. 13-31; 1963, P.A. 226, S. 49; P.A. 76-436, S. 331, 681; P.A. 90-310, S. 2.)

      History: 1963 act replaced previous provisions: See title history; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 90-310 added provision allowing for the discontinuance of any portion of any highway or property right of the town.

      See Sec. 13b-205 re railroad company's taking land in discontinued highways.

      Nonuse of highway prima facie evidence of abandonment. 7 C. 125; 83 C. 101; 89 C. 598. Where discontinuance by selectmen, approved by town, was acquiesced in by public over twenty years, highway presumed one which selectmen could discontinue, although no record of layout or evidence of dedication shown. 22 C. 107. Selectmen cannot discontinue town highway, originally turnpike. 30 C. 286. A town has no power to agree, for a valuable consideration, to discontinue a highway. 50 C. 470. On removal of highway, canal or railroad, adjoining owner's fee freed from encumbrance. 52 C. 250. Committee's only duty to decide question of common convenience and necessity. 55 C. 409. Approbation of town may precede or follow selectmen's action. 61 C. 397; 85 C. 595. Highway laid out under order of railroad commissioners is within exception. 76 C. 69. All steps provided must be taken; action by selectmen necessary. 80 C. 280; 85 C. 595. Presumed that road as to which selectmen have acted is not within exception. 81 C. 595. See note to section 13a-62. Approbation would be a matter of public record. 132 C. 446. Appeal to supreme court dismissed for lack of final judgment as committee appointed under section 13a-62 (formerly section 13-23) had not yet determined basic question of common convenience and necessity. 148 C. 109. Discontinuance of road by town where no other access to highway remains for plaintiff held compensable. 158 C. 276. Cited. 184 C. 483, 485. Cited. 188 C. 336, 338, 346. Cited. 226 C. 684, 696. Cited. 242 C. 727.

      Where statutory method of discontinuance was strictly followed, use of word "abandon" did not invalidate the action taken. 5 CA 448-450, 452. Cited. 14 CA 521, 525. Cited. 26 CA 785, 791. Cited. 35 CA 398, 404.

      Statutory method must be strictly followed; approbation of town must be of precise act of discontinuance by selectmen. 17 CS 77.