Connecticut General Statutes 22a-276 – Condemnation by authority
(a) Before instituting any condemnation proceedings to obtain necessary real property, the authority shall have made diligent efforts to obtain said property by purchase or other means satisfactory to the authority and shall have ruled, by resolution, that in its judgment the property is not otherwise obtainable save through condemnation proceedings.
Terms Used In Connecticut General Statutes 22a-276
- Authority: means the Materials Innovation and Recycling Authority created and established pursuant to this chapter or any board, body, commission, department, officer, agency or other successor thereto. See Connecticut General Statutes 22a-260
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Municipal authority: means the local governing body having legal jurisdiction over solid waste management within its corporate limits which shall be, in the case of any municipality which adopts a charter provision or ordinance pursuant to section 7-273aa, the municipal resource recovery authority. See Connecticut General Statutes 22a-260
- Municipality: means any town, city or borough within the state. See Connecticut General Statutes 22a-260
- Person: means any individual, firm, partnership, association, limited liability company or corporation, public or private, organized or existing under the laws of the state or any other state, including federal corporations, but excluding municipalities, special districts having taxing powers or other political subdivisions of the state. See Connecticut General Statutes 22a-260
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Resources recovery: means the processing of solid wastes to reclaim energy therefrom. See Connecticut General Statutes 22a-260
- Solid waste: means unwanted or discarded solid, liquid, semisolid or contained gaseous material, including but not limited to, demolition debris, material burned or otherwise processed at a resources recovery facility or incinerator, material processed at a recycling facility and sludges or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control facility. See Connecticut General Statutes 22a-260
- Solid waste disposal area: means any location, including a landfill or other land disposal site, used for the disposal of more than ten cubic yards of solid waste. See Connecticut General Statutes 22a-260
(b) Before instituting condemnation proceedings in any municipality the authority shall first advise and consult with the municipal authority having jurisdiction.
(c) Unless the property to be condemned is located in an area zoned industrial, or in an area at or contiguous to an existing solid waste facility or waste disposal area, the authority shall, before proceeding with condemnation, first receive the written consent of the municipal authority having jurisdiction.
(d) The authority shall not have the power to establish in any municipality, by condemnation proceedings or otherwise, a solid waste disposal area to be used for the deposit of solid wastes that have not received prior processing in a resources recovery facility until and unless it has first obtained the written consent of the municipal authority concerned.
(e) Any condemnation proceedings of the authority shall be brought in accordance with section 48-12, except such proceedings shall in all cases be brought before the superior court for the judicial district of Hartford.
(f) Where a person entitled to an award in proceedings to condemn any real property for any of the purposes of this chapter remains in possession of said property after title is vested in the condemnor, the reasonable value of his use and occupancy of such property after title has been vested, or after any other time as fixed by agreement or by a determination of the court, shall be a lien against such award subject only to such other liens of record at the time title is vested in the condemnor.