2005 Connecticut Code - Sec. 8-193. Acquisition and transfer of real property. General powers of agency.
Sec. 8-193. Acquisition and transfer of real property. General powers of
agency. (a) After approval of the development plan as provided in this chapter, the
development agency may proceed by purchase, lease, exchange or gift with the acquisition or rental of real property within the project area and real property and interests
therein for rights-of-way and other easements to and from the project area. The development agency may, with the approval of the legislative body, and in the name of the
municipality, acquire by eminent domain real property located within the project area
and real property and interests therein for rights-of-way and other easements to and
from the project area, in the same manner that a redevelopment agency may acquire
real property under sections 8-128 to 8-133, inclusive, as if said sections specifically
applied to development agencies. The development agency may, with the approval of
the legislative body and, of the commissioner if any grants were made by the state
under section 8-190 or 8-195 for such development project, and in the name of such
municipality, transfer by sale or lease at fair market value or fair rental value, as the
case may be, the whole or any part of the real property in the project area to any person,
in accordance with the project plan and such disposition plans as may have been determined by the commissioner.
(1967, P.A. 760, S. 8; 1971, P.A. 505, S. 5; 1972, P.A. 87, S. 3; P.A. 74-184, S. 6, 10; P.A. 77-138, S. 2, 3; 77-410, S. 2, 5; P.A. 80-18, S. 2, 3; P.A. 84-243, S. 2.)
History: 1971 act amended Subsec. (a) by substituting Connecticut development commission for commissioner of community affairs; 1972 act added power to rehabilitate real property in Subsec. (b); P.A. 74-184 substituted commissioner of commerce for Connecticut development commission; P.A. 77-138 amended Subsec. (a) to delete phrase which had restricted transfers of property by development agencies by allowing transfers only after completion of improvements called for in plan; P.A. 77-410 required commissioner's approval of transfers if grants were made by the state for the project in Subsec. (a); P.A. 77-614 substituted commissioner of economic development for commissioner of commerce, effective January 1, 1979; P.A. 80-18 substituted "real property" for "land" and deleted reference to acquisition of real property under Sec. 8-129; P.A. 84-243 amended Subsec. (b) to provide for loans to businesses and industries in distressed municipalities.
Cited. 177 C. 749. Cited. 184 C. 51, 69.
Cited. 28 CA 622, 629.
Prior use doctrine. Property devoted to public use by one municipality cannot be taken through eminent domain by another municipality if proposed use will either destroy existing use or so interfere with it as to destroy it, except when there is expressed or implied legislative authority. 35 CS 157 et seq.
Subsec. (a):
Authorization to acquire real property by eminent domain does not include or exclude any specific type of real property leading to the conclusion that the power applies to real property as broadly defined in Sec. 8-187(9). 268 C. 1.
