Any municipality, or any two or more municipalities jointly, may establish, maintain and operate an airport at any location within the state approved by the executive director of the Connecticut Airport Authority and by the municipality or municipalities within which such airport is to be established. The Commissioner of Transportation may take any land or interest therein necessary for such establishment at such location upon paying just compensation to the owner of such land or interest therein. The approval of the municipality shall be by vote of a town or borough and by vote of the city council of a city. Any municipality, or any two or more municipalities jointly, may expand or improve an airport, and may take any land or interest therein necessary for such expansion or improvement when, in the opinion of the commissioner, public convenience or safety requires, and when the approval of the municipality or municipalities in which such land is located has been legally obtained, upon paying just compensation to the owner of such land or interest therein. In case such municipality or municipalities cannot agree with such owner upon the amount of such compensation, the amount shall be determined in the manner prescribed in section
48-12. An appeal from the amount so determined shall not act as a stay of the taking of such land, provided no facility or land or interest therein held by a public service company for service to the public shall be so taken or removed unless, at the expense of the party seeking such taking or removal, an adequate and equal substitute approved by the Public Utilities Regulatory Authority shall first be provided.
(1969, P.A. 768, S. 38; P.A. 75-486, S. 36, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 30, 348; P.A. 11-80, S. 1; P.A. 15-192, S. 13.)
History: P.A. 75-486 substituted “public utilities control authority” for “public utilities commission”, effective December 1, 1975; P.A. 77-614 replaced “public utilities control authority” with the “division of public utility control within the department of business regulation”, effective January 1, 1979; P.A. 80-482 changed the latter to “department of public utility control”; pursuant to P.A. 11-80, “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority”, effective July 1, 2011; P.A. 15-192 replaced “commissioner” with “executive director of the Connecticut Airport Authority” re approval of municipal airports and added “The Commissioner of Transportation” re taking of land, effective July 2, 2015.
Cited. 173 C. 303. Sec. 15-73 and this section provide a vehicle for a municipality to acquire interests in airport hazards to assure safe and effective operation of an airport. 185 C. 145. Cited. 201 C. 700; 230 C. 140.
Legislative history discussed. 31 CS 216. Cited. 35 CS 157.
Notes of Decisions
Cited in
8
cases, 1974–2005 · leading case:
Powers v. Ulichny, 440 A.2d 885 (Conn. 1981).
Powers v. Ulichny, 440 A.2d 885 (Conn. 1981).
· cites it 7× “7 At this stage we need not decide whether General Statutes § 13b-43 or § 13b-44 would bo the controlling provision if the commissioner may acquire an interest in a municipal airport hazard.”
Miller's Pond Co., LLC v. City of New London, 873 A.2d 965 (Conn. 2005).
· cites it 4× “The trial court denied the motion for summary judgment, relying on Mazzola and concluding that the statute, General Statutes § 13b-43, provided only that "[a]ny municipality .”
Melillo v. City of New Haven, 732 A.2d 133 (Conn. 1999).
· cites it 5× “upon paying just compensation to the owner of such land or interest therein.”
Helicopter Assocs., Inc. v. City of Stamford, 519 A.2d 49 (Conn. 1986).
· cites it 2× “See General Statutes § 13b-43. Arguably, these comprehensive provisions may govern the entire field of the creation of state and municipal air facilities.”
Town of Stratford v. City of Bridgeport, 377 A.2d 327 (Conn. 1977).
· cites it 2× “that the defendant owned and operated the Igor Sikorsky Memorial Airport situated within the plaintiff town, that the defendant had recently acquired additional real estate in the immediate vicinity of the airport for the purpose *305 of expanding it, and that the acquisitions…”
Ulichny v. City of Bridgeport, 644 A.2d 347 (Conn. 1994).
· cites it 5× “We held that the issuance of a permanent injunction would constitute “the functional equivalent” of a taking of a property interest under General Statutes § 15-73, 5 *144 part of the aeronautics laws, and therefore the city was required to utilize the strict taking procedures…”
Town of Plainville v. Burns, 327 A.2d 598 (Conn. Super. Ct. 1974).
“With respect to that attempted condemnation for the expansion and improvement of the state airport, § 15-79 was not the predecessor to § 13b-42 (c) and (d), but to §§ 13b-43 and 13b-44, dealing with municipal airports and the establishment and maintenance of state airports.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.