No land shall be taken without the consent of its owner, except within two years after the approval of the location of the route by the Commissioner of Transportation. When the land of any infant, cestui que trust or person non compos mentis is necessary for the construction of a railroad, such land may be taken on giving notice to the trustee of such cestui que trust, the guardian, either natural or appointed, of such infant or the conservator of such person non compos mentis, who may give a release for all damages for lands so taken, as fully as if the same were held in his own right.
(1949 Rev., S. 5466; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
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. 16-77 transferred to Sec. 13b-245.
Annotations to former section 16-77:
Section applies to all railroad companies, whether organized under general law or special charter, in absence of express provision to contrary. 72 C. 687. Adoption of layout exhausts company's power of election; 73 C. 509; nor can it readopt layout so as to set limitation running again. 74 C. 662; 81 C. 645; 92 C. 356.
Structure Connecticut General Statutes
Chapter 245a - Railroad Construction and Location
Section 13b-244. (Formerly Sec. 16-76). - Powers.
Section 13b-245. (Formerly Sec. 16-77). - Right to take land limited; land of infants and others.
Section 13b-246. (Formerly Sec. 16-78). - Notice concerning layout and real estate.
Section 13b-247. (Formerly Sec. 16-79). - Approval for taking of land.
Section 13b-248. (Formerly Sec. 16-80). - Alteration of location.
Section 13b-249. (Formerly Sec. 16-81). - Alteration of grades.
Section 13b-250. (Formerly Sec. 16-82). - Land for additional tracks.
Section 13b-252. (Formerly Sec. 16-82b). - Structures exempted from overhead clearance requirement.
Section 13b-253. (Formerly Sec. 16-83). - Land cut off from access to highway.
Section 13b-254. (Formerly Sec. 16-84). - Layout through cemetery.
Section 13b-260. (Formerly Sec. 16-90). - Plan of road to be deposited with town clerk.
Section 13b-261. (Formerly Sec. 16-91). - Statement of location filed with secretary.
Section 13b-262. (Formerly Sec. 16-92). - Security from contractors for labor; liability of company.
Section 13b-263. (Formerly Sec. 16-93). - Crossing of one railroad by another.
Section 13b-264. (Formerly Sec. 16-94). - Branch lines.
Section 13b-265. (Formerly Sec. 16-95). - Crossing highway or watercourse.
Section 13b-266. (Formerly Sec. 16-96). - Land for change of highway.
Section 13b-267. (Formerly Sec. 16-97). - Construction over highway at grade restricted.
Section 13b-269. (Formerly Sec. 16-99). - Bridge over railroad.
Section 13b-270. (Formerly Sec. 16-100). - Removal of grade crossings.
Section 13b-271. (Formerly Sec. 16-100a). - Temporary grade crossings.
Section 13b-272. (Formerly Sec. 16-100b). - Relocation of grade crossing.
Section 13b-273. (Formerly Sec. 16-101). - Elimination of grade crossings by removing railroad.
Section 13b-276. (Formerly Sec. 16-104). - Elimination of dangerous condition.
Section 13b-277. (Formerly Sec. 16-105). - Appeal.
Section 13b-279. (Formerly Sec. 16-107). - Highway crossed by more than one railroad.
Section 13b-280. (Formerly Sec. 16-108). - Assessment of damages.
Section 13b-281. (Formerly Sec. 16-109). - Obstruction of view adjoining grade crossing.
Section 13b-282. (Formerly Sec. 16-110). - Change in location of highways crossed by a railroad.
Section 13b-284. (Formerly Sec. 16-112). - Reimbursement of towns and cities.
Section 13b-286. (Formerly Sec. 16-114). - Change of highway; petition by railroad.
Section 13b-287. (Formerly Sec. 16-115). - Land may be taken for changed location of highway.
Section 13b-288. (Formerly Sec. 16-116). - Statutes made part of charters.
Section 13b-289. (Formerly Sec. 16-117). - Easements and private crossings may be condemned.
Section 13b-290. (Formerly Sec. 16-118). - Highway crossing discontinued.
Section 13b-291. (Formerly Sec. 16-119). - Private crossing to be restored.
Section 13b-292. (Formerly Sec. 16-119a). - Private crossings; protection requirements.
Section 13b-293. (Formerly Sec. 16-120). - Maintenance of changed highway.
Section 13b-294. (Formerly Sec. 16-121). - Guards for rails at crossings.
Section 13b-295. (Formerly Sec. 16-122). - Overhead bridge guards. Penalty.
Section 13b-296. (Formerly Sec. 16-123). - Guard rails on bridges. Penalty.
Section 13b-297. (Formerly Sec. 16-124). - Footways on railroad bridges.
Section 13b-298. (Formerly Sec. 16-125). - Cattle guards.
Section 13b-299. (Formerly Sec. 16-126). - Fences.
Section 13b-300. (Formerly Sec. 16-127). - Order for fencing.
Section 13b-301. (Formerly Sec. 16-128). - Penalty. Damage.
Section 13b-303. (Formerly Sec. 16-130). - Fences affected by contract.
Section 13b-304. (Formerly Sec. 16-131). - Roads operated by trustees.
Section 13b-305. (Formerly Sec. 16-132). - Complaint by state's attorney for neglect of highway.
Section 13b-306. (Formerly Sec. 16-133). - Property needed for changing road or bridge.
Section 13b-307. (Formerly Sec. 16-134). - Change of location of canals or watercourses.
Section 13b-308. (Formerly Sec. 16-135). - Commercial sidetracks or branch line tracks at grade.
Section 13b-309. (Formerly Sec. 16-136). - Abandonment of station.
Section 13b-310. (Formerly Sec. 16-137). - Change of station when line is moved.
Section 13b-311. (Formerly Sec. 16-138). - Rebuilding or repairing of station.
Section 13b-312. - Owner of station to comply with structural guidelines and standards.
Section 13b-313. (Formerly Sec. 16-139). - Petition to stop trains.
Section 13b-314. (Formerly Sec. 16-139a). - Maintenance of station by municipality.
Section 13b-315. - Enforcement of statutory provisions and orders of commissioner.