An Act Concerning The Taking Of Facilities By The Commissioner Of Transportation.
Impact
The enactment of HB05640 has the potential to influence state laws regarding property rights, specifically in transportation-related contexts. By explicitly excluding intangible personal property from the definition of facilities, the bill protects such assets from being seized by the state for transportation improvements. This could bring more clarity to property owners about what aspects of their holdings can be taken under the law, potentially offering them more assurance regarding the safety of their intangible personal property.
Summary
House Bill 05640 is an act that aims to clarify the definition of 'facilities' in the context of property taken for transportation services. Specifically, it proposes an amendment to section 13b-36 of the general statutes, stating that the taking of a facility by the Commissioner of Transportation does not include intangible personal property. This means that only physical properties, such as land and buildings, would be considered for public use when transportation services are operated or improved upon. This limitation on the definition of facilities is intended to prevent the state from taking ownership of non-physical assets during the exercise of its power of eminent domain.
Contention
Some points of contention may arise regarding the definition of intangible personal property versus tangible facilities. Stakeholders could debate whether this act might hinder transportation developments that may rely on non-physical assets. While supporters of the bill argue that it upholds property rights and defines state powers more clearly, opponents may raise concerns about potential restrictions on the state’s ability to fully realize transportation projects that might benefit from a broader interpretation of what constitutes a facility.
Additional_notes
The bill has been referred to the Transportation Committee, indicating that discussions will continue regarding its implications for property law and transportation development in the state. The details on public feedback or committee evaluations have not been provided yet.