A condemning authority, if acquiring less than the total amount of a single unit of contiguous property, shall, if the remaining portion of such property does not conform to the area requirements of existing zoning regulations, obtain a zoning variance for such remaining portion of property from the local zoning board of appeals before condemning any portion of such property. If such variance is not obtained prior to the taking by the condemning authority, the owner or owners of such single unit of contiguous property shall be reimbursed for the total amount of such unit and the condemning authority shall take title in fee simple to the entire unit of contiguous property.
(1961, P.A. 387; 1963, P.A. 79; 1971, P.A. 208, S. 1.)
History: 1963 act specified that condemning authority takes title in fee simple to entire unit of contiguous property where variance is not obtained before condemning authority takes occupancy; 1971 act required that variance be obtained for portion of property not to be taken before any of the property is condemned rather than before any of the property is occupied.
Cited. 168 C. 194. Interpretation of “area requirements” in section. 169 C. 195. Cited. 174 C. 323; 203 C. 675.
Setback violation does not trigger statute, only an area violation does. 46 CS 355.
Structure Connecticut General Statutes
Section 48-2. - When counties may take land.
Section 48-3. - Town may take land for town house or town hall.
Section 48-4. - Taking land for school purposes; exception.
Section 48-5. - Powers of towns in taking land for school purposes.
Section 48-7. - Town, borough or fire district may condemn land for square, common or park.
Section 48-8. - Town may condemn land for records building.
Section 48-9. - Condemnation of land and water for state institutions and courthouses.
Section 48-10. - Damages to be determined by state referee.
Section 48-11. - Deposit in court pending determination of amount to be paid.
Section 48-12. - Procedure for condemning land.
Section 48-13. - Inspection and testing prior to condemnation.
Section 48-14. - Value of crops included in damage computation.
Section 48-14a. - Apportionment of taxes.
Section 48-15. - Valuation of flood-damaged property.
Section 48-16. - Possession of property pending condemnation proceedings.
Section 48-17. - Payment for property taken by condemnation by the state.
Section 48-17b. - Inverse condemnation. Plaintiff's award.
Section 48-17c. - Payment of award.
Section 48-17d. - Environmental remediation costs.
Section 48-18. - Mode of taking land to enlarge cemetery.
Section 48-20. - Condemnation of land of incapable person.
Section 48-22. - Joint assessments for particular and remainder estates.
Section 48-23. - Obtaining possession of land acquired by eminent domain.
Section 48-25. - Installment payment of awards or sale price.
Section 48-26. - Condemnor to pay appraisal fees and fees of experts, when.
Section 48-27. - State referee approval of certain negotiated condemnations.