2011 Connecticut Code
Title 10 Education and Culture
Chapter 171 Town Management
Sec. 10-241a. Taking of site by eminent domain.

      Sec. 10-241a. Taking of site by eminent domain. Any local or regional school district may take, by eminent domain, land which has been fixed upon as a site, or addition to a site, of a public school building, and which is necessary for such purpose or for outbuildings or convenient accommodations for its schools, upon paying to the owner just compensation, provided such taking is with the approval of the legislative body of the town, and in the case of regional school districts, subject to the provisions of section 10-49a, and in each case in accordance with the provisions of sections 8-129 to 8-133, inclusive. The board, committee or public officer empowered to acquire school sites in such school district shall perform all duties and have all rights prescribed for the redevelopment agency in said sections with respect to such taking. No school district or municipality shall take for school purposes the land of any ecclesiastical society, upon any part of which a church building has already been erected, without the consent of such ecclesiastical society, or any land devoted to or used for cemetery or burial purposes.

      (1967, P.A. 720, S. 1; P.A. 78-218, S. 176; P.A. 93-353, S. 22, 52.)

      History: P.A. 78-218 substituted "local" for "town" school districts, "school building" for "schoolhouse" and "municipality" for "city or town"; P.A. 93-353 corrected an internal reference, effective July 1, 1993.

      Town, after complying with this section, could delegate its power to condemn to board of education which had authority to exercise it. 168 C. 135. Where voters approved land acquisition "for school purposes" and referendum question included "general purposes" and "open space", and where evidence established site was to be used for school purposes, the taking was authorized by section and time limitation in Sec. 48-6 did not apply; "site...of a public building" is not limited to the footprint of the school building and related construction. 290 C. 668.

      Where referendum question stated that some property proposed to be acquired by eminent domain for a school project would be used for open space and general government, provisions of Sec. 48-6 requiring commencement of compensation process within six months of referendum apply. 103 CA 369.