(a) Within a reasonable time after its approval of the redevelopment plan as provided in section
8-127, the redevelopment agency may proceed with the acquisition or rental of real property by purchase, lease, exchange or gift. The redevelopment agency may acquire real property by eminent domain with the approval of the legislative body of the municipality and in accordance with the provisions of sections
8-129 to
8-133, inclusive, and this section, except that a redevelopment agency that acquires real property by eminent domain pursuant to a redevelopment plan under this chapter shall approve the acquisition in accordance with section
8-127a. The legislative body in its approval of a project shall specify the time within which real property is to be acquired, except as provided in sections
8-193 and
32-224, and such time for acquisition may be extended by the legislative body in accordance with section
48-6, upon request of the redevelopment agency, provided the owner of the real property consents to such request.
(b) Real property may be acquired prior to the adoption or approval of the project area redevelopment plan, provided the property acquired shall be located within an area designated on the general plan as an appropriate redevelopment area or within an area whose boundaries are defined by the planning commission as an appropriate area for a redevelopment project, and provided such acquisition shall be authorized by the legislative body. The redevelopment agency may clear, repair, operate or insure such property while it is in its possession or make site improvements essential to preparation for its use in accordance with the redevelopment plan.
(1949 Rev., S. 982; 1955, S. 486d; November, 1955, S. N31; 1957, P.A. 13, S. 54; P.A. 91-398, S. 4, 7; P.A. 07-141, S. 7.)
History: P.A. 91-398 added provisions requiring that approval by a legislative body of project under Sec. 8-127 specify time limit for acquiring property; P.A. 07-141 divided existing provisions into Subsecs. (a) and (b), amended Subsec. (a) to add exception that acquisition by eminent domain be approved in accordance with Sec. 8-127a, add “except as provided in sections 8-193 and 32-224”, and delete “under section 8-127” re approval and “hereinbefore”, and substituted “prior” for “previous” in Subsec. (b), effective June 25, 2007, and applicable to property acquired on or after that date.
Cited. 141 C. 135. Acquisition of property must be for a public purpose and decision of condemnor, while conclusive, is open to judicial review as to abuse of power. 146 C. 237. Redevelopment agency has no right to acquire riparian rights by eminent domain under section prior to legal adoption of general redevelopment plan. 148 C. 517. Redevelopment agency not authorized to take property already devoted to public use. 155 C. 202. Damages for loss of a business cannot be included in damages, but could affect valuing of property in eminent domain proceedings. 158 C. 37. Cited. 160 C. 492; 201 C. 305.
Cited. 1 CA 20.
Notes of Decisions
AvalonBay Communities, Inc. v. Town of Orange, 775 A.2d 284 (Conn. 2001).
· cites it 7× “There is nothing in the record to suggest that the town proceeded in any manner in accordance with the requisite procedures set forth in § 48-12, and, derivatively, General Statutes §§ 8-128, 8-129, 8429a, 8-130, 8-131, 8-132, 8-132a and 8-133.”
Aposporos v. Urban Redevelopment Comm'n, 790 A.2d 1167 (Conn. 2002).
· cites it 5× “On appeal, the plaintiffs claim that the trial court improperly: (1) concluded that the defendants had complied with the time requirements of General Statutes § 8-128; (2) concluded that the defendants had complied with the conditions imposed by the local legislative body in…”
Kelo v. City of New London, 843 A.2d 500 (Conn. 2004).
· cites it 3× “e New London City Council approves and bestows upon the [development corporation] all rights and powers that are permitted to accrue to a development agency or implementing agency under Chapters 130, 132, and 588 (i) of the Connecticut General Statutes as amended, including the…”
Town of Darien v. Est. of D'Addario, 784 A.2d 337 (Conn. 2001).
· cites it 4× “” AvalonBay relies principally on the procedures in General Statutes §§ 8-128 and 8-129. General Statutes § 8-128 provides: “Within a reasonable time after its approval of the redevelopment plan as hereinbefore provided, the redevelopment agency may proceed with the acquisition…”
Citino v. Redevelopment Agency, 721 A.2d 1197 (Conn. App. Ct. 1998).
· cites it 2× “General Statutes § 8-128 provides in relevant part: “Within a reasonable time after its approval of the redevelopment plan as hereinbefore provided, *265 the redevelopment agency may proceed with the acquisition or rental of real property by purchase, lease, exchange or gift.”
Sheehan v. Altschuler, 172 A.2d 897 (Conn. 1961).
· cites it 5× “General Statutes § 8-128. This is taken to mean the plan mentioned in General Statutes § 8-127 and defined in § 8-125.”
Town of Branford v. Barbara, 988 A.2d 221 (Conn. 2010).
· cites it 2× “atutes § 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 (procedure for…”
Simmons v. State, 280 A.2d 351 (Conn. 1971).
· cites it 3× “808 § 1, and General Statutes §§ 8-128—8-133. The proceeding to condemn the land was docketed as State v.”
Bros., Inc. v. Ansonia Redevelopment Agency, 255 A.2d 836 (Conn. 1969).
· cites it 4× “See General Statutes § 8-128. As compensation for the taking the defendant determined and deposited with the clerk of the Superior Court the sum of $200,000.”
City of Torrington v. Coles, 230 A.2d 550 (Conn. 1967).
· cites it 2× “2 Section 8-135 reads, in pertinent part, as follows: “For the purpose of carrying out or administering a redevelopment plan or other functions authorized under this chapter, a municipality, acting by and through its redevelopment agency, may accept grants, advances, loans or…”
Bahr Corp. v. O'Brion, 149 A.2d 691 (Conn. 1959).
“Section 8-128 of the 1958 Revision (Public Acts 1957, No.”
New Haven Redevelopment Agency v. Est. of Costello, 467 A.2d 924 (Conn. App. Ct. 1983).
· cites it 2× “The defendants were co-owners of realty which was acquired by the plaintiff, the New Haven Redevelopment Agency, pursuant to General Statutes § 8-128 et seq. A statement of compensation was filed in the Superior Court and a certificate of taking was issued by the clerk of the…”
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