(a)(1) No real property may be acquired by a redevelopment agency by eminent domain pursuant to section 8-128 under a redevelopment plan under this chapter for the primary purpose of increasing local tax revenue.
(2) The redevelopment agency shall conduct a public hearing on any proposed acquisition of real property by eminent domain. The redevelopment agency shall cause notice of the time, place and subject of the hearing to be published in a newspaper having a substantial circulation in the municipality not more than ten days before the date set for the hearing. Not less than ten days before the date of the hearing, the redevelopment agency shall send, by first class mail, notice of the time, place and subject of the hearing to the owners of record of the real property and to all owners of real property within one hundred feet of the real property to be acquired by eminent domain.
(3) (A) No parcel of real property may be acquired by eminent domain under section 8-128, pursuant to a redevelopment plan under this chapter, except by approval by vote of a majority of the members of the redevelopment agency. Such approval shall be by (i) separate vote on each parcel of real property to be acquired, or (ii) a vote on one or more groups of such parcels, provided each parcel to be acquired is identified for the purposes of a vote on a group of such parcels under this subparagraph. The redevelopment agency shall not approve the use of eminent domain unless the redevelopment agency has (I) considered the benefits to the public and any private entity that will result from the redevelopment project and determined that the public benefits outweigh any private benefits, (II) determined that the current use of the real property cannot be feasibly integrated into the overall redevelopment plan, and (III) determined that the acquisition of the real property by eminent domain is reasonably necessary to successfully achieve the objectives of the redevelopment plan.
(B) The redevelopment agency shall cause notice of any approved acquisition by eminent domain under this subdivision to be published in a newspaper having a substantial circulation in the municipality not more than ten days after such approval.
(C) (i) The redevelopment agency shall acquire any property identified in the plan as property to be acquired by eminent domain by a date that is five years after the date the first property is acquired by eminent domain under the plan unless the redevelopment agency approves an extension of the time for acquisition, except that no property may be acquired by eminent domain under the plan more than ten years after the first property is acquired by eminent domain under the plan.
(ii) With respect to a redevelopment plan for a project that is funded in whole or in part by federal funds, the provisions of this subparagraph shall not apply to the extent that such provisions are prohibited by federal law.
(4) The owner-occupant of property acquired by eminent domain under section 8-128, pursuant to a redevelopment plan under this chapter, may file an application in the superior court for the judicial district in which the municipality is located to enjoin the acquisition of such property. The court may issue such injunction if the court finds that the redevelopment agency failed to comply with the requirements of this chapter. The filing of an application to enjoin the acquisition of property by eminent domain, in a court of competent jurisdiction, shall toll the five-year period or ten-year period set forth in subparagraph (C) of subdivision (3) of this subsection with respect to such property until the date a final judgment is entered in any such action, or any appeal thereof, whichever date is later.
(b) (1) With respect to real property acquired by eminent domain on or after June 25, 2007, under section 8-128, pursuant to a redevelopment plan under this chapter, if the municipality does not use the real property for the purpose for which it was acquired or for some other public use and seeks to sell the property, the municipality shall first offer the real property for sale pursuant to subdivision (2) of this subsection to the person from whom the real property was acquired, or heirs of the person designated pursuant to subdivision (2) of this subsection, if any, for a price not to exceed the lesser of (A) the amount paid by the redevelopment agency to acquire the property, or (B) the fair market value of the property at the time of any sale under this subsection. After the municipality provides notice pursuant to subdivision (2) of this subsection, the municipality may not sell such property to a third party unless the municipality has permitted the person or named heirs six months during which to exercise the right to purchase the property, and an additional six months to finalize the purchase if the person or named heirs provide the municipality with notice of intent to purchase the property within the initial six-month period.
(2) For the purposes of any offer of sale pursuant to this subsection, the municipality shall provide a form to any person whose property is acquired by eminent domain pursuant to section 8-128, pursuant to a redevelopment plan under this chapter, to permit such person to provide an address for notice of sale to be sent, or to provide the name and address of an agent to receive such notice. Such form shall be designed to permit the person to designate heirs of the person who shall be eligible to purchase such property pursuant to this subsection. The person or agent shall update information in the form in writing. If the person or agent does not provide or update the information in the form in a manner that permits the municipality to send notice of sale pursuant to this subsection, no such notice shall be required.
(3) With respect to a redevelopment plan for a project that is funded in whole or in part by federal funds, the provisions of this subsection shall not apply to the extent that such provisions are prohibited by federal law.
(P.A. 07-141, S. 2; June Sp. Sess. P.A. 07-5, S. 39–41.)
History: P.A. 07-141 effective June 25, 2007, and applicable to property acquired on or after that date; June Sp. Sess. P.A. 07-5 amended Subsecs. (a)(3) and (4) and (b)(1) and (2) to substitute “section 8-128, pursuant to a redevelopment plan under this chapter” for “this section”, effective October 6, 2007.
Structure Connecticut General Statutes
Title 8 - Zoning, Planning, Housing and Economic and Community Development
Section 8-124. - Declaration of public policy.
Section 8-126. - Redevelopment agency.
Section 8-126a. - Agency employees not to promote political parties or members.
Section 8-127. - Preparation and approval of redevelopment plan. Notice of approval. Review.
Section 8-127a. - Limits on redevelopment agency's use of eminent domain under a redevelopment plan.
Section 8-128. - Acquisition or rental of real property by redevelopment agency. Limitations.
Section 8-129a. - Apportionment and abatement of taxes on acquisition of property.
Section 8-130. - Deposit filed with Superior Court clerk. Withdrawal of agency from proceeding.
Section 8-131. - Acceptances to be filed. Approval by judge or judge trial referee.
Section 8-132. - Judicial review of statement of compensation.
Section 8-132a. - Determination of equities of parties in deposit or compensation.
Section 8-133. - Costs taxable against agency.
Section 8-133b. - Payments in lieu of taxes.
Section 8-134a. - Allocation of taxes on real or personal property in a redevelopment project.
Section 8-135. - Acceptance of funds. Financing.
Section 8-136. - Modification of redevelopment plan.
Section 8-137. - Transfer, sale or lease of real property in a redevelopment area.
Section 8-137a. - Other authority re transfer unaffected.
Section 8-138. - Bonds and title to land to be in name of municipality.
Section 8-139. - Joint action by two or more municipalities.
Section 8-140. - Policy concerning slum areas.
Section 8-141. - Urban renewal projects authorized.
Section 8-142. - Urban renewal plan.
Section 8-143. - Powers of redevelopment agency.
Section 8-144. - Powers of municipality.
Section 8-145. - Legislative body to prepare program.
Section 8-151. - Declaration of policy.
Section 8-154b. - Bond issues.
Section 8-154c. - Regulations.
Section 8-154d. - Certified list of contractors for project prerequisite to grant payment.
Section 8-154e. - Certification by agencies of employees and persons performing work under contract.
Section 8-155 to 8-159. - Commercial or industrial development.
Section 8-159a. - State grants for urban problems.
Section 8-160. - Capital improvement programs. Definitions.
Section 8-161. - Commissioner to assist. State payments toward preparation of program.
Section 8-162. - Procedure for obtaining technical assistance.
Section 8-164. - Authority to participate in federal act.
Section 8-165. - Overall economic development program.
Section 8-166. - Application for federal aid.
Section 8-168. - State loans for industrial or business projects.
Section 8-168a. - Funds transferred to the Connecticut Growth Fund.
Section 8-169a. - Declaration of policy.
Section 8-169b. - Definitions.
Section 8-169c. - Preparation and content of a community development plan.
Section 8-169d. - Adoption and implementation of community development plan.
Section 8-169e. - Modification of existing development plans. Acquisition of property.
Section 8-169f. - Community development activities.
Section 8-169g. - Issuance of municipal bonds.
Section 8-169h. - Acceptance of financial assistance. Issuance of temporary notes.
Section 8-169i. - Modification of a community development plan.
Section 8-169j. - Joint activity by two or more municipalities.
Section 8-169k. - State and federal assistance for community development projects.
Section 8-169l. - Discretionary funds. Planning advances.
Section 8-169m. - Receipt of funds. Issuance of bonds.
Section 8-169n. - Regulations.
Section 8-169hh. - Definitions.
Section 8-169jj. - Purposes of authority. Powers.
Section 8-169kk. - Written procedures for conduct of board of directors.
Section 8-169oo. - Bonds, notes and other obligations of the authority.
Section 8-169o. - Declaration of policy.
Section 8-169p. - Definitions.
Section 8-169q. - Designation of urban homesteading agency.
Section 8-169s. - Disposition of property by urban homesteading agency.
Section 8-169t. - Selection of urban homesteaders.
Section 8-169u. - Financial assistance. Abatement of real property taxes.
Section 8-169v. - Acceptance of real property from United States government.
Section 8-169w. - Urban Homesteading Fund created. Regulations. Bond authorization.