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| 12 | 12 | | AN ACT CONCERNING THE DISCONTINUANCE OF HIGHWAYS AND PRIVATE WAYS BY MUNICIPALITIES. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. Section 13a-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014, and applicable to discontinuances or partial discontinuances considered or approved on or after said date): |
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| 17 | 17 | | |
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| 18 | 18 | | (a) (1) The selectmen of any town may, subject to approval by a majority vote at any regular or special town meeting, by a writing signed by them, discontinue any highway or private way, or land dedicated as such, in its entirety, or may discontinue any [portion] part thereof or any property right of the town or public therein, except when laid out by a court or the General Assembly, and except where such highway is within a city, or within a borough having control of highways within its limits. |
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| 19 | 19 | | |
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| 20 | 20 | | (2) Whenever the selectmen of a town meet to consider the discontinuance or partial discontinuance of a highway or private way, or land dedicated as such, at a regular or special town meeting on or after October 1, 2014, they shall provide written notice of the meeting to each owner of property that bounds the highway or private way, or land dedicated as such. Such notice shall be provided by mailing a notice of the date, time, place and subject of such meeting to each such owner's address, as shown in the last-completed grand list of the town, by first class mail, postmarked at least fifteen days prior to the date of such meeting. If, in the opinion of the selectmen, the boundary lines or limits of such highway or private way have become lost or uncertain, the selectmen shall make reasonable efforts to identify the boundary lines or limits of such highway or private way, and shall give notice of such meeting to each owner of property that bounds such identified boundary line or limit in accordance with this subdivision. Such reasonable efforts need not include an examination of title or abstracts thereof or a land survey. |
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| 21 | 21 | | |
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| 22 | 22 | | (3) If the selectmen vote to approve such discontinuance or partial discontinuance at a regular or special town meeting on or after October 1, 2014, they shall cause to be recorded on the land records of the town a notice of such approval, which notice shall include (A) a listing of each parcel of property identified pursuant to subdivision (2) of this subsection to bound (i) such highway or private way, or land dedicated as such, or (ii) such identified boundary line or limit, and (B) the name of the owner of each such parcel of property as shown in the last-completed grand list of the town. |
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| 23 | 23 | | |
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| 24 | 24 | | (4) Any person aggrieved by a discontinuance or partial discontinuance under this subsection may [be relieved by application] apply to the Superior Court [, to be made and proceeded with] in the manner prescribed in section 13a-62. |
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| 25 | 25 | | |
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| 26 | 26 | | (b) Whenever a petition has been presented to the selectmen for such discontinuance or partial discontinuance of any land dedicated as a highway or private way but which has not been actually used, worked or accepted [,] as a highway [,] by the town, and such discontinuance or partial discontinuance has not been made by the selectmen and approved by the town within twelve months after such presentation, any person aggrieved may [be relieved by application] apply to said court [, to be made and proceeded with] in the manner prescribed in section 13a-62. |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | |
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| 30 | 30 | | |
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| 31 | 31 | | This act shall take effect as follows and shall amend the following sections: |
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| 32 | 32 | | Section 1 October 1, 2014, and applicable to discontinuances or partial discontinuances considered or approved on or after said date 13a-49 |
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| 33 | 33 | | |
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| 34 | 34 | | This act shall take effect as follows and shall amend the following sections: |
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| 35 | 35 | | |
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| 36 | 36 | | Section 1 |
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| 37 | 37 | | |
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| 38 | 38 | | October 1, 2014, and applicable to discontinuances or partial discontinuances considered or approved on or after said date |
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| 39 | 39 | | |
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| 40 | 40 | | 13a-49 |
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| 41 | 41 | | |
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