2005 Connecticut Code - Sec. 13a-71. Layout by individuals.
Sec. 13a-71. Layout by individuals. (a) No person, company or corporation, except the state or municipal corporations, shall lay out any highway in this state less than
fifty feet in width unless with the prior written approval of a majority of the selectmen
of the town, or of the burgesses of the borough, or of the common council of the city,
wherein such highway is located, except that, where there exists a planning commission
in such town, borough or city operating under the general statutes or special act, which
commission has adopted subdivision regulations, such written approval shall be obtained from such planning commission.
(c) If any highway has been laid out in violation of the provisions of this section, such highway shall be immediately closed by the first selectman of the town or, in the case of a city or borough, by the officer having charge of the highways in such city or borough, and shall be kept closed until such time as the grade, layout, location, width and improvement of such highway have received the approval herein provided for. The first selectman of a town, or officer having in charge the highways in a city or borough, who fails to comply with the requirements of this section concerning the closing of such new highways as have not been approved as herein provided shall be fined not more than twenty-five dollars.
(1949 Rev., S. 2141; 1958 Rev., S. 13-25; 1959, P.A. 329; 1963, P.A. 226, S. 71.)
History: 1959 act made minimum width of highway in Subsec. (a) fifty feet instead of three rods and added requirement that approval of planning commission be obtained where one exists; 1963 act replaced previous provisions: See title history.
Constitutionality. 95 C. 365. Requirements must be complied with; bond given to secure performance of agreement not made in accordance with terms of this statute unenforceable. 106 C. 40. Fact that original owner of tract may have violated this statute in layout and map of proposed street does not destroy right of grantee to use street referred to in deed. 112 C. 557. Cited. 120 C. 210. Approval of selectmen under this section does not constitute an acceptance of such street as a public highway. Dicta. 146 C. 474. History of section. Not possible to circumvent these requirements by claim of common law dedication. 159 C. 107.
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