Conn. Gen. Stat. » Title 48 — EMINENT DOMAIN · Chapter 835 — Eminent Domain
Connecticut General Statutes

Conn. Gen. Stat. § 48-12 (2025)

Procedure for condemning land

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The procedure for condemning land or other property for any of the purposes specified in sections 48-3, 48-6, 48-8 and 48-9, if those desiring to take such property cannot agree with the owner upon the amount to be paid him for any property thus taken, shall be as follows: 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 in accordance with sections 8-128, 8-129, 8-129a, 8-130, 8-131, 8-132, 8-132a and 8-133.

(1949 Rev., S. 7181; 1959, P.A. 152, S. 65; 1961, P.A. 413; 1967, P.A. 808, S. 1; 1972, P.A. 294, S. 34.)

History: 1959 act applied provisions to municipal corporations, deleted references to county commissioners and counties, county government having been abolished by the act, added reference to Sec. 48-6 and deleted reference to repealed Sec. 48-2; 1961 act authorized state referee to rule on condemnation of land; 1967 act deleted detailed provisions re procedure for condemnation of land, requiring instead that procedure shall be that “specified for redevelopment agencies in accordance with sections 8-128, 8-129, 8-130, 8-131, 8-132, 8-132a and 8-133”; 1972 act deleted reference to condemnation of land or property for purposes of Sec. 48-4, the section having been repealed.

See Sec. 27-45 re state's authority to take land for purpose of locating permanent armories.

Necessity of finding a failure to agree. 69 C. 438; 72 C. 492; 80 C. 38; 85 C. 604; 86 C. 658. Injunction to restrain taking of land till compensation is made. 70 C. 616; 82 C. 157. Interest on award. 72 C. 277; 75 C. 239; 82 C. 51; Id., 379; 84 C. 122; 85 C. 552; 95 C. 6, 9; 108 C. 370. When motion to dismiss application lies. 72 C. 692. Proceedings before appraisers and on report. 74 C. 452; 75 C. 237; 76 C. 565; 79 C. 526; Id., 606; 80 C. 38; 82 C. 460; 92 C. 32. Appeal from appointment of appraisers. 75 C. 237; Id., 325; 78 C. 1; 85 C. 663. When judgment accepting report not to direct payment of damages. 75 C. 239. Just compensation. Id., 239; 76 C. 435; 82 C. 378; Id., 460; 92 C. 33. When application may be made to judge. 85 C. 602. Power of legislature to delegate determination of necessity to subordinate bodies. 86 C. 157; 100 C. 411. Necessity means a reasonable necessity. 86 C. 361. Notice of application; should describe property with certainty. Id.; 113 C. 655. Prayer for relief. 87 C. 199. All legal requirements must be complied with, and such compliance must appear on face of papers. 92 C. 435; 95 C. 3. Not necessary to include separate tracts of land in one petition if direct damage to one and consequential damage to the other. Id., 381. What costs should be allowed. 100 C. 412. Assessment of damages by subdivision of municipality; limited scope of section. Id., 606; Id., 408; 109 C. 632. Interest runs from time land is actually appropriated, not from time condemnation proceedings are instituted. 108 C. 370. Cited. 116 C. 124; 124 C. 32; 137 C. 443. Inability to agree is a condition precedent to relief under statute. 138 C. 82. Cited. Id., 372. Proper to consider existence of going business on land as indicative of highest economic use to which land may be put. 139 C. 73. Cited. 141 C. 135. Damage must be peculiar to land in connection with which it is claimed and not damage which is suffered by landowners in general. 145 C. 196. Cited. 146 C. 55. Question as to when a taking is complete is one of substantive law and depends upon the law of each state; under section, petitioner is not entitled to possession of the land before the amount of the judgment has been paid or deposited with the State Treasurer unless permission has been granted under Sec. 48-16 to enter into possession pending the condemnation proceedings. 148 C. 47. Court found that where negotiations with one co-owner fail, there is no necessity for further negotiations with the owner. 151 C. 633. Cited. 153 C. 292. Adequate remedy at law is here provided; parties not entitled to seek injunction or other equitable relief. 154 C. 446. Eminent domain cases are referred to referees by special statutory provision, so consent of parties is not required. 164 C. 360. Court found 6-month time period specified in Sec. 48-6 to apply and not the reasonableness time standard of Sec. 8-128 in case involving condemnation of land by a town. 256 C. 557.

Cited. 23 CA 554; 32 CA 611.

County commissioner must bring condemnation proceedings in the name of the county. 6 CS 142. Cited. 9 CS 317. Report of committee recommitted when it set forth the interest each party had in the property and made no finding of each in the award. Id., 484. Section expressly recognizes the right of a town to withdraw the proceedings even after possession of the property has been turned over. 16 CS 230. Condemnation proceedings can be instituted only by those on whom the requisite authority has been conferred by the legislature; such authority is strictly construed in favor of the owner of the property taken and against the condemnor; a municipality does not have the power of eminent domain which is vested in a parking authority. 19 CS 47. Cited. 20 CS 422.

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Notes of Decisions
Cited in 23 cases, 1961–2010 · leading case: AvalonBay Communities, Inc. v. Town of Orange, 775 A.2d 284 (Conn. 2001).
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AvalonBay Communities, Inc. v. Town of Orange, 775 A.2d 284 (Conn. 2001). · cites it 9× “) We therefore turn to General Statutes § 48-12, 20 which provides in relevant part: “The procedure for condemning land .”
City of Bristol v. Ocean State Job Lot Stores of Connecticut, Inc., 931 A.2d 837 (Conn. 2007). · cites it 10× “5 When the term “condemnation” is understood to mean the acquisition of property, it is accompanied by the phrase “by right of eminent domain” to distinguish the concept from condemnation for the purpose of declaring a building unfit for human habitation.”
Simmons v. State, 280 A.2d 351 (Conn. 1971). · cites it 22× “The land is located in East Granby, and was condemned pursuant to § 48-12 of the General Statutes as amended by Public Acts 1967, No.”
Town of Darien v. Est. of D'Addario, 784 A.2d 337 (Conn. 2001). · cites it 5× “” General Statutes § 48-12 provides: “The procedure for condemning land or other property for any of the purposes specified in sections 48-3, 48-6, 48-8 and 48-9, if those desiring to take such property cannot agree with the owner upon the amount to be paid him for any property…”
Town of Branford v. Barbara, 988 A.2d 221 (Conn. 2010). · cites it 4× “See General Statutes § 48-6 (a) (any municipal corporation purchasing real property for its municipal purposes shall, if it cannot agree with owner regarding amount to be paid for property taken, proceed in accordance with General Statutes § 48-12); General Statutes § 48-12…”
Gold v. Town of East Haddam, 966 A.2d 684 (Conn. 2009). · cites it 4× “oses which has, in accordance with its charter or the general statutes, voted to purchase the same shall have power to take or acquire such real property, within the corporate limits of such municipal corporation, and if such municipal corporation cannot agree with any owner…”
Town of Trumbull v. Ehrsam, 166 A.2d 844 (Conn. 1961). · cites it 6× “The parties were unable to agree on a price; in August, the plaintiff filed its petition to condemn the property, following the procedure outlined in § 48-12 of the General Statutes. Under the provisions of § 48-16, the plaintiff *50 obtained permission from tbe court to enter…”
Eisenberg v. Tuchman, 892 A.2d 1016 (Conn. App. Ct. 2006). · cites it 3× “” We note that General Statutes § 48-12 describes the procedure for governmental condemnation of land, “if those desiring to take such property cannot agree with the owner upon the amount to be paid him for any property thus taken,” and includes a reference to § 48-6.”
Powers v. Ulichny, 440 A.2d 885 (Conn. 1981). · cites it 2× “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,…”
Crystal Lake Clean Water Pres. Ass'n v. Town of Ellington, 728 A.2d 1145 (Conn. App. Ct. 1999). · cites it 3× “” General Statutes § 48-12 provides: “The procedure for condemning land or other property for any of the purposes specified in sections 48-3, 48-6, 48-8 and 48-9, if those desiring to take such property cannot agree with the owner upon the amount to be paid him for any property…”
Stocker v. City of Waterbury, 226 A.2d 514 (Conn. 1967). · cites it 2× “Finally, the plaintiffs make the claim that they had a choice of remedies and that they could either raise their claims in answers to the condemnation petitions or institute an injunction action.”
City of Shelton v. Comm'r, 479 A.2d 208 (Conn. 1984). ““(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 of the judicial district of Hartford-New Britain.”
Show all 23 citing cases →
Conn. Gen. Stat. § 48-12(a): 1 case
Griffin v. Griffin, 456 S.E.2d 329 (N.C. Ct. App. 1995).
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