Connecticut General Statutes 32-775 – Obligations re acquisition, ownership and transfer of real property
(a) A Connecticut brownfield land bank shall hold in its own name all real property acquired by such land bank irrespective of the identity of the transferor of such property.
Terms Used In Connecticut General Statutes 32-775
- Brownfield: means any abandoned or underutilized site where redevelopment, reuse or expansion has not occurred due to the presence or potential presence of pollution in the buildings, soil or groundwater that requires investigation or remediation before or in conjunction with the redevelopment, reuse or expansion of the property. See Connecticut General Statutes 32-760
- Connecticut brownfield land bank: means a Connecticut nonstock corporation, certified by the Commissioner of Economic and Community Development pursuant to section 32-771, established for the purposes of (A) acquiring, retaining, remediating and selling brownfields in the state for the benefit of municipalities, (B) educating government officials, community leaders, economic development agencies and nonprofit organizations on best practices for redeveloping brownfields, and (C) engaging in all other activities in accordance with sections 32-771 to 32-775, inclusive. See Connecticut General Statutes 32-760
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- municipality: includes a district, as defined in section 7-324, a metropolitan area, as defined in section 7-333, and any political subdivision of the state that has the power to levy taxes and to issue bonds, notes or other obligations. See Connecticut General Statutes 32-760
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means land, buildings and other structures and improvements thereto, subterranean or subsurface rights, any and all easements, air rights and franchises of any kind or nature. See Connecticut General Statutes 32-760
- Release: means any discharge, spillage, uncontrolled loss, seepage, filtration, leakage, injection, escape, dumping, pumping, pouring, emitting, emptying or disposal of a substance. See Connecticut General Statutes 32-760
(b) A Connecticut brownfield land bank shall acquire only brownfield sites and other real property, located adjacent or in close proximity to brownfield sites to be acquired, that are (1) identified in a land banking agreement between such Connecticut brownfield land bank and the municipality in which such properties are located, or (2) identified in a land banking agreement between such Connecticut brownfield land bank and the regional council of governments that represents the municipality in which such properties are located.
(c) A Connecticut brownfield land bank shall maintain and make available for public review and inspection an inventory of all real property held by such land bank.
(d) A Connecticut brownfield land bank shall determine and set forth in policies and procedures the general terms and conditions for consideration to be received by such land bank for the transfer to such land bank of real property and interests in real property, which consideration may take the form of monetary payments and secured financial obligations, covenants and conditions related to the present and future use of such real property, contractual commitments of the transferee, and such other forms of consideration as determined by the board of directors to be in the best interest of such land bank.
(e) A Connecticut brownfield land bank may convey, exchange, sell, transfer, lease as lessee, grant, release and demise, pledge and hypothecate any and all interests in, upon or to real property of the brownfield land bank, provided such land bank may only convey, exchange, transfer or sell real property with the approval of (1) the municipality in which such real property is located pursuant to the terms of a land banking agreement entered into with such municipality, or (2) the regional council of governments that represents the municipality in which such real property is located, pursuant to the terms of a land banking agreement entered into with such regional council of governments.