2011 Connecticut Code
Title 17a Social and Human Services and Resources
Chapter 319 Department of Children and Families
Sec. 17a-27c. Connecticut Juvenile Training School project: Transfer of property; entry upon private property; payment of damages.

      Sec. 17a-27c. Connecticut Juvenile Training School project: Transfer of property; entry upon private property; payment of damages. (a) Notwithstanding any provision of the general statutes or regulations adopted thereunder or any public or special act, when the Commissioner of Public Works finds it necessary that real property, the title to which is in the state or any municipality, political subdivision, public authority, district, quasi-public agency or other governmental entity and which is under the custody and control of any state department, commission or institution, municipality, political subdivision, public authority, district, quasi-public agency or other governmental entity, be taken for the purpose of constructing the Connecticut Juvenile Training School project, as defined in subsection (k) of section 4b-55, the commissioner shall present a petition to the entity having custody and control of such real property that custody of the real property be transferred to the commissioner and such entity shall transfer the custody and control of such real property to the commissioner for the purposes required.

      (b) The commissioner or the commissioner's agent may enter upon private real property for the purpose of conducting surveys, inspections, appraisals, or environmental and geological investigations for the location or construction of the Connecticut Juvenile Training School project. After giving reasonable notice to the real property owner or owners affected, the commissioner or the commissioner's agent may also enter such property for the purpose of performing borings, soundings or other tests required to accomplish any of the foregoing objectives with respect to the Connecticut Juvenile Training School project. The commissioner or the commissioner's agent shall use care so that no unnecessary damage shall result and the state shall pay damages to the owner of any real property for any damage or injury the commissioner or the commissioner's agent causes such owner by such entrance and use. If entry to any real property for the purpose of performing borings, soundings or other tests is refused to the commissioner or the commissioner's agent after the commissioner or the commissioner's agent has given reasonable notice to the owner or owners thereof, the commissioner shall assess damages in the manner provided by this section and, at any time after such assessment has been made by said commissioner, may enter said property for the purpose of performing borings, soundings or other tests. If the real property owner accepts such assessment of damages, such owner shall notify the commissioner in writing, and said commissioner shall pay such sum to said real property owner within thirty days or, after the expiration of said thirty days, shall pay such sum with interest at six per cent. If the real property owner is aggrieved by such assessment, such owner shall notify the commissioner in writing and may appeal to any court within its jurisdiction for a reassessment of such damages within six months from the date said commissioner forwarded such assessment to such owner. This section shall not limit or modify rights of entry upon property otherwise provided for by the general statutes.

      (P.A. 99-26, S. 8, 39; P.A. 03-278, S. 55.)

      History: P.A. 99-26 effective May 7, 1999; P.A. 03-278 made a technical change in Subsec. (a), effective July 9, 2003.