2005 Connecticut Code - Sec. 7-142. Appeal from municipal assessments.
Sec. 7-142. Appeal from municipal assessments. Any person aggrieved by the
appraisal of damages in laying out any highway or in making any improvement or public
work in any city or borough, or by the assessment of benefits therefor, or by any order
of the common council of any city in relation to the repair, renewal or change of any
highway bridge, may, except in a case where a right of appeal to a court is provided by
the charter of the city or borough, appeal from such appraisal, assessment or order, to
any judge of the Superior Court within thirty days after due notice is given of such
appraisal, assessment or order, which appeal shall be a written petition for reappraisal,
reassessment or review of such order, with a citation attached thereto, and returnable
in not less than six and not more than twenty days after its date, and shall be served at
least six days before the return day upon the clerk of such city or borough. Any number
of persons who are similarly affected by any such appraisal, assessment or order may
join in taking and prosecuting such appeal. Such judge may, by committee or otherwise,
reassess such damages or benefits, or review and revoke, modify or affirm such order,
and, if such damages are increased or such assessments of benefits reduced or such order
revoked, may award costs against the city or borough, otherwise against the appellant.
Such judge shall issue execution for the amount of damages or benefits fixed by such
reassessment, and in favor of either party for costs, to be taxed as upon civil process,
and, after the proceedings have been closed, return all the papers connected with the
case to the clerk of such city or borough, who shall keep them on file.
History: P.A. 76-436 substituted court of common pleas for superior court, effective July 1, 1978.
Section is exercise of taxing power and is constitutional. 23 C. 187. Benefits contemplated are those special to the individual and distinct from community benefit. 23 C. 187. They are those only that are immediate, appreciable and certain. 36 C. 256; 42 C. 284; 45 C. 462. When land of railroad company may be assessed. 49 C. 40. Property of state is exempt from assessment, unless as expressly authorized. 50 C. 89. Charter authorized assessment of the whole expense of improvement; being in fact within the actual benefit, it was held to be lawful. 39 C. 279; 47 C. 89. Amount of benefit may be subtracted from that of damage. 23 C. 187. Compliance with every requirement should appear on the face of the proceedings. 23 C. 187. Assessment need not in terms state fact of special benefits, if same may be reasonably inferred therefrom. 51 C. 203. Sewer assessment determined solely upon street frontage is illegal. 35 C. 66. Paving assessment may be so determined. 40 C. 511. An appeal, by one or several assessed, does not bring up for review the whole assessment. 35 C. 66. Damages assessed to a third party cannot be inquired into. 39 C. 467. Appeal should specify facts upon which relief is sought. 40 C. 503. Parallel land of railroad company cannot, under general powers, be taken for highway. 36 C. 256. Doings of municipal authorities cannot be collaterally attacked. 39 C. 467. Question of necessity cannot be raised upon an appeal from assessment. 39 C. 467; 47 C. 89. Inadvertent omission of some property will not disturb an assessment unless substantial injustice has resulted. 39 C. 467; 40 C. 512. Counsel for municipality has no power to arbitrate. 58 C. 157. Track of street railroad assessed for pavement. 38 C. 422. How person assessed may be estopped. 38 C. 422. Nature of appeal. 74 C. 192. On appeal, appraisal to be made as of original assessment. 84 C. 234; 85 C. 237. Issues and burden of proof. 84 C. 319; Id., 386. Cited. 78 C. 572. Upon appeal, assessment may be approved, increased or diminished. 48 C. 427. Committee presumed to act lawfully. 71 C. 180. Evidence must come within issues. 77 C. 667. Cited. 78 C. 572. Remonstrance; issues; harmless error. 80 C. 248; 85 C. 237.
