(a) The commissioner shall have entire charge, control, operation and management of any airport or restricted landing area owned or leased by the state, except any air navigation facility operated exclusively by the Military Department, and may act with the consent of the State Properties Review Board as agent of the state in any negotiations with the federal government concerning land or other property used or to be used by the state for aeronautical purposes.
(b) With the approval of the Attorney General, the Secretary of the Office of Policy and Management and the State Properties Review Board, the commissioner may sell or lease or grant any interest in any airport or airport site or any part thereof, hangars, shops or other buildings or other property owned or held under lease by the state, except that after initiating such approval, the commissioner may temporarily lease any such interest. A temporary lease shall be effective only until a final decision is made by the Attorney General, the secretary and the Properties Review Board. Leases of land of the state shall be for periods determined by the commissioner with the approval of the State Properties Review Board and may provide for the construction of buildings on the land. The commissioner may confer the privilege of concessions of supplying, upon the airports, goods, commodities, service and facilities. The commissioner shall grant no exclusive right for the use of any airway, airport, restricted landing area or other air navigation facility under his jurisdiction.
(c) The commissioner may, subject to the provisions of section 4b-23, purchase or take and, in the name of the state, may acquire title in fee simple to, or any lesser estate, interest or right in, any airport, restricted landing area or other air navigation facility owned or controlled by any municipality or by any two or more municipalities jointly or by any other person, if he finds that the acquisition of such airport, restricted landing area or other air navigation facility is necessary to the maintenance of adequate air transportation in the state or is required by public convenience and safety, except that no such purchase, taking or acquisition may be made by the commissioner of any such airport, restricted landing area or other air navigation facility which is owned or controlled by and used as a part of a research, development or manufacturing activity, unless with the consent of the one owning or controlling such airport, area or facility. In connection with the purchase or taking by the commissioner of any such property owned by any person other than a municipality, the determination by the commissioner and the Commissioner of Administrative Services that the purchase or taking is necessary shall be conclusive. The taking shall be in the manner prescribed in section 48-12 for the taking of land for state institutions. The commissioner may, subject to the approval of the State Properties Review Board, the Connecticut Airport Authority and the Attorney General, transfer any interest or right in any airport, restricted landing area or other air navigation facility acquired pursuant to this section to the Connecticut Airport Authority.
(d) In connection with the purchase or taking by the commissioner of any such property in a municipality, the commissioner shall file with the chief executive officer or first selectman of the municipality a written statement finding that the purchase or taking is necessary, setting forth the reasons supporting such finding and requesting approval by the municipality of the purchase or taking, which approval shall be by vote of the municipality at a referendum held at the next regular election held in the municipality. If the municipality by vote disapproves the purchase or taking, the commissioner may, within thirty days following the vote, appeal to the superior court for the judicial district in which the municipality is located and the appeal shall be accorded a privileged status. The court shall, after hearing, determine whether the commissioner has proven the necessity for the purchase or taking and the burden of proving such necessity shall be upon the commissioner. If the court, after hearing, deems that the commissioner has not sustained such burden of proof, the court shall enter judgment for, and may award reasonable costs to, the municipality. If the court, after hearing, determines that the commissioner has sustained such burden of proof, the court may set aside the action of the municipality disapproving the purchase or taking and may enter an order upon terms and conditions that it deems appropriate to safeguard the rights of the parties and the public. After a purchase or taking has been legally approved, or its disapproval has been set aside by the Superior Court, the state may proceed with the purchase or taking upon paying just compensation to the municipality. In case the state cannot agree with the municipality upon the amount of the compensation, the amount shall be determined in the manner prescribed in section 48-12. An appeal from the amount so determined shall not act as a stay of the purchase or taking.
(e) The commissioner may, in the name of the state, purchase, take or acquire any interest, in whole or in part, in land, buildings, equipment or facilities that he has sold, leased or granted in any state airport, state airport site or any part thereof pursuant to subsection (b) of this section and, at the request of the Connecticut Airport Authority, in the name of the state, purchase, take or acquire any interest, in whole or in part, in land, buildings, equipment or facilities that the Connecticut Airport Authority has sold, leased or granted in any airport, airport site or any part thereof, pursuant to section 15-120mm. The commissioner's determination that such purchase, taking or acquisition is necessary shall be conclusive. Any taking shall be in a manner prescribed in section 13a-73 for the taking of land for highway purposes. The commissioner may, subject to approval of the State Properties Review Board, the Connecticut Airport Authority and the Attorney General, transfer any interest or right in any airport, restricted landing area or other navigation facility acquired pursuant to this section to the Connecticut Airport Authority.
(f) The commissioner may (1) prohibit, limit or restrict the parking of vehicles, (2) determine speed limits with the approval of the Office of the State Traffic Administration, (3) restrict roads or portions thereof to one-way traffic, (4) designate the location of crosswalks, on any portion of any road or highway upon the grounds of any airport owned or held under lease by the state, and (5) erect and maintain signs designating such prohibitions or restrictions. Any person who fails to comply with any such prohibition or restriction shall be subject to a fine of not more than eighty-eight dollars.
(g) The commissioner may enter into an agreement with any municipality within or near which any airport owned or leased by the state is located, for the purpose of mutual assistance for fire protection.
(h) Any lease which involves the construction, reconstruction, alteration, remodeling, repair or demolition of any public building which is estimated to cost more than five hundred thousand dollars shall be advertised and awarded in accordance with section 13b-20n.
(i) Except as specifically set forth in this section, the provisions of this section shall not apply to any airport, airport site or any part thereof operated by the Connecticut Airport Authority.
(1969, P.A. 421, S. 1; 768, S. 37; 779; P.A. 75-425, S. 38, 57; P.A. 76-253, S. 4, 6; P.A. 77-614, S. 19, 73, 610; P.A. 78-280, S. 2, 127; P.A. 80-231, S. 2; P.A. 81-421, S. 7, 9; 81-472, S. 127, 159; P.A. 84-254, S. 19, 62; P.A. 85-427, S. 1; 85-613, S. 115, 154; P.A. 87-496, S. 71, 110; P.A. 97-40, S. 1; P.A. 03-215, S. 14; 03-278, S. 31; P.A. 11-51, S. 44; 11-84, S. 22; P.A. 12-132, S. 11.)
History: 1969, P.A. 421 in fact amended Sec. 15-49, which was then repealed by P.A. 768 and replaced by provisions of Sec. 37 of that act; 1969, P.A. 779 added exception pertaining to acquisition of such facilities used as a part of research, development or manufacturing activity unless with consent of one owning or controlling it; P.A. 75-425 provided for acting with the consent of the state properties review board in Subsec. (a), added public works commissioner as an approval authority and also provided for his action in conjunction with the transportation commissioner in determining lengths of leases and in approving construction of buildings thereon in Subsec. (b), further made Subsec. (c) subject to the provisions pertaining to the state properties review board and included the public works commissioner in making the determination of necessity for purchase or taking; P.A. 76-253 substituted state properties review board for the public works commissioner in provisions of Subsec. (b); P.A. 77-614 substituted secretary of the office of policy and management for commissioner of finance and control in Subsec. (b) and substituted commissioner of administrative services for public works commissioner in Subsec. (c); P.A. 78-280 substituted “judicial district” for “county” following “superior court” in Subsec. (d); P.A. 80-231 inserted in Subsec. (b) provision for temporary leasing arrangement pending final decision; P.A. 81-421 inserted new Subsec. (e) authorizing the commissioner to acquire or condemn any interest in airport properties that he has leased or granted pursuant to this section and relettered former Subsecs. (e) and (f) accordingly; P.A. 81-472 made technical changes; P.A. 84-254 increased maximum fine from $25 to $88 between July 1, 1985, and July 1, 1993; P.A. 85-427 amended Subsec. (a) by excepting from the control of the commissioner of transportation any air navigation facility operated exclusively by the state military department; P.A. 85-613 made technical change in Subsec. (f); P.A. 87-496 substituted public works commissioner for administrative services commissioner in Subsec. (c); P.A. 97-40 amended Subsec. (d) by deleting “on the docket and trial list”; P.A. 03-215 added new Subsec. (h) re leases for construction, reconstruction, alteration, remodeling, repair or demolition of a public building valued over $500,000 to be advertised and awarded in accordance with Sec. 13b-20n, effective October 1, 2004; P.A. 03-278 made a technical change in Subsec. (a), effective July 9, 2003; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (c), effective July 1, 2011; P.A. 11-84 amended Subsec. (c) to add provision re transfer of interests or rights in airport, restricted landing area or other air navigation facility to Connecticut Airport Authority, amended Subsec. (e) to add provision re at request of Connecticut Airport Authority, commissioner may purchase, take or acquire interest in land, buildings, equipment or facilities sold, leased or granted by the authority and to add provision re transfer of interests or rights in airport, restricted landing area or other navigation facility to Connecticut Airport Authority and added Subsec. (i) re applicability of section to airport operated by the authority, effective July 1, 2011; P.A. 12-132 amended Subsec. (f) by replacing “State Traffic Commission” with “Office of the State Traffic Administration” and making a technical change, effective July 1, 2012.
Cited. 201 C. 700; 209 C. 480.
Case discussed re current Secs. 13b-42 to 13b-44; Subsec. (d) applies only to municipally owned airports; legislative history discussed. 31 CS 216.
Structure Connecticut General Statutes
Chapter 242 - Department of Transportation
Section 13b-1. - Short title: State Transportation Act.
Section 13b-3. - Department of Transportation. Appointment of commissioner.
Section 13b-4. - Powers and duties of commissioner.
Section 13b-4b. - Commissioner's duties and responsibilities re railroads.
Section 13b-4d. - Commissioner's power to declare a state of emergency.
Section 13b-10a. - Transfer of employees connected with livery service.
Section 13b-10b. - Office of Innovative Finance and Project Delivery.
Section 13b-10e. - Consideration of application for employment.
Section 13b-11. - Connecticut Transportation Authority.
Section 13b-11a. - Connecticut Public Transportation Commission.
Section 13b-11b. - State-wide transportation goals. Report.
Section 13b-11c. - Connecticut Public Transportation Commission.
Section 13b-12 and 13b-13. - Connecticut Aeronautics Commission. Steamship Terminals Commission.
Section 13b-13a. - Connecticut Bicycle and Pedestrian Advisory Board.
Section 13b-13b. - Transportation Policy Advisory Council.
Section 13b-13c. - Assessment of transportation projects.
Section 13b-14. - Long-range planning.
Section 13b-14a. - Funding for hazard elimination activities.
Section 13b-15. - Master transportation plan.
Section 13b-15a. - Hartford-New Britain busway project.
Section 13b-16. - Assessment of modes of transportation. Experimental projects.
Section 13b-16a. - Definitions. Public transportation analysis.
Section 13b-16b. - Southwest Corridor Action Council.
Section 13b-16c. - Commissioner's power to sit on a consortium or trade organization board.
Section 13b-18. - Investigations, inquiries and hearings.
Section 13b-19. - Cooperation with agencies and persons. Bonds for rail freight support facilities.
Section 13b-20a. - Regulations re hiring of consultants.
Section 13b-20b. - Definitions.
Section 13b-20c. - Consultant services evaluation and selection panels.
Section 13b-20d. - Negotiation committees.
Section 13b-20f. - Evaluation of consultants having active agreements with department.
Section 13b-20g. - Notice of need for consultants. Responses.
Section 13b-20h. - Selection panel. Responsibilities. Meetings.
Section 13b-20i. - Criteria for selection of consultants.
Section 13b-20k. - Negotiations with selected consultants. Memorandum re negotiations.
Section 13b-20l. - Regulations re selection of consultants.
Section 13b-20m. - Guidelines for determining reasonableness of consultant services.
Section 13b-20p. - Reduction of number of consultants. Report.
Section 13b-21. - Grants to the department.
Section 13b-22. - Annual report.
Section 13b-23. - Additional powers.
Section 13b-23a. - Leasing of naming rights of transit stations and transit-owned property.
Section 13b-23b. - Vision Zero Council.
Section 13b-24. - Jurisdiction over state highway system. Responsibility for highways of state.
Section 13b-25. - Bureau of Highways.
Section 13b-26. - Alteration of state highway system.
Section 13b-26a. - Certification upon completion of highway or bridge project.
Section 13b-27. - Limited access highway.
Section 13b-28. - Agreement with adjoining state.
Section 13b-29. - Commuter parking facilities. Regulations.
Section 13b-30. - Maintenance of roads on state property.
Section 13b-31. - Town highways.
Section 13b-31b. - Definitions.
Section 13b-31c. - Designation of scenic roads.
Section 13b-31d. - Alteration or improvement of scenic road.
Section 13b-31e. - Regulations.
Section 13b-31f. - Ninety-day permit application final determinations.
Section 13b-32. - Declaration of policy.
Section 13b-33. - Bureau of Public Transportation.
Section 13b-34. - Powers of commissioner.
Section 13b-34a. - Subsidy equalization grants for privately owned bus companies.
Section 13b-34b. - Annual report re public transportation costs.
Section 13b-35. - Express finding required before commissioner can exercise power.
Section 13b-37. - Hearing before the Department of Public Utility Control.
Section 13b-38. - Advice and assistance to transit districts. Grants and loans.
Section 13b-38c. - Loans for the acquisition of vanpool vehicles.
Section 13b-38cc. - Buses for 21st Century Mobility program.
Section 13b-38ee. - CTpass program.
Section 13b-38f. - Bus shelter construction program.
Section 13b-38g. - Expansion of mass transportation systems.
Section 13b-38h. - Fare changes for mass transportation.
Section 13b-38i. - Failure to pay lawful charge for bus service.
Section 13b-38k. - Paratransit vehicles defined. Bidding for service programs.
Section 13b-38l. - Citizens' Transportation Advisory Council. Appointments. Functions and duties.
Section 13b-38o. - Definitions.
Section 13b-38p. - Voluntary traffic reduction program.
Section 13b-38t. - Assistance to Department of Transportation from Labor Commissioner.
Section 13b-38u. - Exempted employers.
Section 13b-38v. - Moneys received for traffic reduction programs.
Section 13b-38w. - Filing fees.
Section 13b-38x. - Regulations re traffic reduction program.
Section 13b-39. - Jurisdiction over and responsibility for aeronautics.
Section 13b-39a. - Registration of aircraft.
Section 13b-39b. - Aircraft registration forms and decals.
Section 13b-39c. - Display of registration decal. Certificate of registration.
Section 13b-39d. - Registration fee.
Section 13b-39e. - Exemption for military aircraft, government aircraft or aircraft dealers.
Section 13b-39f. - Penalty for failure to register.
Section 13b-39g. - Municipality may retain fees.
Section 13b-39h. - Grants to municipalities.
Section 13b-40 and 13b-41. - Bureau of Aeronautics. State airways system.
Section 13b-43. - Municipal airports.
Section 13b-44. - Establishment and maintenance of state airports.
Section 13b-44a. - Filing of documents with the Properties Review Board.
Section 13b-45. - Publication of standards applicable in taking of land.
Section 13b-46. - Certificate of approval. Licenses.
Section 13b-47. - Criteria for approval.
Section 13b-48. - Hearing on application for certificate of approval or license.
Section 13b-49. - Revocation of certificate of approval or license.
Section 13b-50a. - Initiatives for the preservation of airports.
Section 13b-50b. - Set aside for veterans with service in time of war.
Section 13b-50c. - Connecticut airport and aviation account.
Section 13b-51a. - Connecticut Maritime Commission. Establishment. Members. Duties.
Section 13b-51b. - State Maritime Office.
Section 13b-52. - Bureau of Waterways.
Section 13b-55. - Sale or conveyance of excess property or rights therein.
Section 13b-55a. - Harbor improvement projects.
Section 13b-55b. - Harbor improvement account. Deposit and expenditure of funds.
Section 13b-55c. - Priority ranking for certified clean marinas.
Section 13b-56. (Formerly Sec. 8-211). - Harbor improvement agencies.
Section 13b-57. (Formerly Sec. 8-212). - State grants-in-aid for harbor improvement projects.