Connecticut House Bill HB05311

Connecticut 2015 Regular Session

• Introduced: 1/13/15
• Refer: 1/13/15

Caption

An Act Permitting A Private Homeowner To Bring An Action In The Superior Court Against The State For Flood Damages Caused By The State's Failure To Properly Maintain A State Road.

Impact

If enacted, HB 5311 would provide a legal avenue for homeowners to hold the state accountable for damages that may have previously gone uncompensated due to sovereign immunity, which typically protects the state from lawsuits. By enabling such actions, the bill could influence how the state invests in and maintains its infrastructure, especially in areas susceptible to flooding. This could lead to enhanced road maintenance practices as the state would face monetary liabilities for its failures, thereby improving public safety and property protection.

Summary

House Bill 5311 authorizes private homeowners to file lawsuits against the state for flood damages resulting from inadequate maintenance of state roads. Specifically, it allows homeowners residing on state Route 122 in New Haven to seek recourse in the Superior Court for damages caused by the state's negligence in maintaining the roadway. This bill serves to address the accountability of the state government for potential failings in infrastructure management that lead to property damage for citizens.

Contention

There may be notable concerns regarding the bill's implications for state liability and the potential floodgate effect of enabling homeowners to sue the state. Opponents might argue that this could lead to increased financial burdens on state resources, raising questions about the sustainability of this policy if it leads to a surge in legal claims. Additionally, the bill could prompt discussions on the adequacy of current road maintenance budgets and the justification of state expenditures toward mitigating claims and damage prevention.