Connecticut Eminent Domain Laws

Connecticut eminent domain laws can be found in Title 48  of  General Statutes of Connecticut.  Pursuant to Conn. Gen. Stat. § 48-1, the United States can condemn any land in Connecticut for customhouses, courthouses, post offices, arsenals or other public buildings or for any other purposes of the government.  The state may take land, for the site of any state institution or courthouse, or any institution under the jurisdiction of the Board of Trustees of the Connecticut State University System, vocational school or technical college and also may take water from any river, brook, spring or springs, pond or lake for the purpose of providing such supply of water as the convenience and necessity of such institution may require[i].

Pursuant to Conn. Gen. Stat. § 48-10, the amount of damages shall be determined by a state referee.  The condemning authority shall deposit in the court an amount which is assessed to be just compensation for the property[ii].  Upon the application of the owner of the property, the court, after determining the equity of the applicant in such deposit, may order that the money so deposited, be paid for or on account of the just compensation to be awarded in such proceeding. If the compensation finally awarded exceeds the total amount of money so deposited or received by the owner, the court shall enter judgment against the state for the amount of the deficiency.

If the condemning authority cannot agree with the owner of the property upon the amount to be paid, the Comptroller in the name of the state, any town, municipal corporation or school district, or the trustees or directors of any state institution in the name of the state, shall proceed in the same manner specified for redevelopment agencies[iii].

Pursuant to Conn. Gen. Stat. § 48-13, upon the filing of a notice of condemnation by a condemning authority, either before or after the institution of a condemnation proceeding and after reasonable notice to the property owner or owners affected, the Superior Court or any judge thereof may authorize such condemning authority to enter upon and into land and buildings sought or proposed for public uses for the purpose of inspection, survey, borings, and other tests.

The state court rendering a judgment for the plaintiff in an inverse condemnation proceeding brought against the state by the owner of real property, or the Attorney General effecting a settlement of any such proceeding, shall award such plaintiff, such sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceedings[iv].

Pursuant to Conn. Gen. Stat. § 48-23, when the value given by an appraisal has been provided by law, any judge of the Superior Court may, upon application and proof of such payment or deposit, order such clerk to issue an execution commanding a state marshal to put the parties entitled thereto into peaceable possession of the land so condemned.

[i] Conn. Gen. Stat. § 48-9.

[ii] Conn. Gen. Stat. § 48-11.

[iii] Conn. Gen. Stat. § 48-12.

[iv] Conn. Gen. Stat. § 48-17b.


Inside Connecticut Eminent Domain Laws