2005 Connecticut Code - Sec. 13b-253. (Formerly Sec. 16-83). Land cut off from access to highway.
Sec. 13b-253. (Formerly Sec. 16-83). Land cut off from access to highway.
When any company takes land for railroad purposes and the effect of such taking is to
cut off other land from practical access to the highway, such company may, with the
approval of the Commissioner of Transportation, take additional land sufficient for a
convenient way from the land so cut off to the highway and shall provide for the use of
the owner of the land cut off a suitable way over such additional land to the highway.
Such way shall remain a private way for the use of the owner of the land cut off and the
town or city in which it is situated shall not be liable for its maintenance or responsible
for its defects. For the purposes of this section, lands may be acquired in the manner
provided by law for the taking of land by railroad companies.
History: P.A. 75-486 substituted "public utilities control authority" for public utilities "commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective January 1, 1979; in 1981 Sec. 16-83 transferred to Sec. 13b-253.
See Sec. 13b-288 re inclusion of provisions of section as part of railroad company's charter.
Annotations to former section 16-83:
Cutting off land from all access to highway held a taking. 66 C. 224. Commissioners' approval settles necessity and extent of taking. 69 C. 437.
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