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General Assembly Substitute Bill No. 5123
January Session, 2019
AN ACT PROHIBITING THE USE OF EMINENT DOMAIN FOR
CERTAIN COMMERCIAL P URPOSES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (1) of subsection (a) of section 8-127a of the 1
general statutes is repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2019, and applicable to property acquired on or 3
after October 1, 2019): 4
(a) (1) No real property may be acquired by a redevelopment 5
agency by eminent domain pursuant to section 8 -128 under a 6
redevelopment plan under this chapter for the primary purpose of 7
increasing local tax revenue or for any purpose that produces income 8
from such real property for a private entity. 9
Sec. 2. Subdivision (3) of section 8-125 of the general statutes is 10
repealed and the following is substituted in lieu thereof (Effective 11
October 1, 2019, and applicable to property acquired on or after October 1, 12
2019): 13
(3) A "redevelopment plan" means a plan that includes: (A) (i) A 14
description of the redevelopment area and the condition, type and use 15
of the structures therein, and (ii) specification of each parcel proposed 16
to be acquired, including parcels to be acquired by eminent domain; 17
(B) the location and extent of the land uses, other than for any purpose 18 Substitute Bill No. 5123
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that produces income from any such parcel acquired by eminent 19
domain for a private entity, proposed for and within the 20
redevelopment area, such as housing, recreation, business, industry, 21
schools, civic activities, open spaces or other categories of public and 22
private uses; (C) the location and extent of streets and other public 23
utilities, facilities and works within the redevelopment area; (D) 24
schedules showing the number of families displaced by the proposed 25
improvement, the method of temporary relocation of such families and 26
the availability of sufficient suitable living accommodations at prices 27
and rentals within the financial reach of such families and located 28
within a reasonable distance of the area from which such families are 29
displaced; (E) present and proposed zoning regulations in the 30
redevelopment area; (F) a description of how the redevelopment area 31
is deteriorated, deteriorating, substandard or detrimental to the safety, 32
health, morals or welfare of the community; and (G) any other detail 33
including financial aspects of redevelopment which, in the judgment 34
of the redevelopment agency authorized herein, is necessary to give it 35
adequate information; 36
Sec. 3. Subsection (b) of section 8-127 of the general statutes is 37
repealed and the following is substituted in lieu thereof (Effective 38
October 1, 2019): 39
(b) Before approving any redevelopment plan, the redevelopment 40
agency shall hold a public hearing on the plan, notice of which shall be 41
published at least twice in a newspaper of general circulation in the 42
municipality, the first publication of notice to be not less than two 43
weeks before the date set for the hearing. At least thirty-five days prior 44
to any public hearing, the redevelopment agency shall post the plan on 45
the Internet web site of the redevelopment agency, if any. The 46
redevelopment agency may approve any such redevelopment plan if, 47
following such hearing, it finds that: (1) The area in which the 48
proposed redevelopment is to be located is a redevelopment area; (2) 49
the carrying out of the redevelopment plan will result in materially 50
improving conditions in such area; (3) sufficient living 51 Substitute Bill No. 5123
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accommodations are available within a reasonable distance of such 52
area or are provided for in the redevelopment plan for families 53
displaced by the proposed improvement, at prices or rentals within the 54
financial reach of such families; (4) the redevelopment plan is 55
satisfactory as to site planning, relation to the plan of conservation and 56
development of the municipality adopted under section 8-23 and, 57
except when the redev elopment agency has prepared the 58
redevelopment plan, the construction and financial ability of the 59
redeveloper to carry it out; (5) the planning agency has issued a 60
written opinion in accordance with subsection (a) of this section that 61
the redevelopment plan is consistent with the plan of conservation and 62
development of the municipality adopted under section 8-23; and (6) 63
(A) public benefits resulting from the redevelopment plan will 64
outweigh any private benefits; (B) existing use of the real property 65
cannot be feasibly integrated into the overall redevelopment plan for 66
the project; (C) acquisition by eminent domain is reasonably necessary 67
to successfully achieve the objectives of such redevelopment plan; and 68
(D) the redevelopment plan is not for the primary purpose of 69
increasing local tax revenues or for any purpose that produces income 70
from such real property for a private entity. No redevelopment plan 71
for a project that consists predominantly of residential facilities shall be 72
approved by the redevelopment agency in any municipality having a 73
housing authority organized under the provisions of chapter 128 74
except with the approval of such housing authority. 75
Sec. 4. Subdivision (1) of subsection (b) of section 8-193 of the 76
general statutes is repealed and the following is substituted in lieu 77
thereof (Effective October 1, 2019, and applicable to property acquired on or 78
after October 1, 2019): 79
(b) (1) The development agency may, with the approval of the 80
legislative body in accordance with this subsection, and in the name of 81
the municipality, acquire by eminent domain real property located 82
within the project area and real property and interests therein for 83
rights-of-way and other easements to and from the project area, in the 84 Substitute Bill No. 5123
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same manner that a redevelopment agency may acquire real property 85
under sections 8-128 to 8-133, inclusive, as if said sections specifically 86
applied to development agencies, except that no real property may be 87
acquired by eminent domain pursuant to this subsection for the 88
primary purpose of increasing local tax revenue or for any purpose 89
that produces income from such real property for a private entity. 90
Sec. 5. Section 8-187 of the general statutes is repealed and the 91
following is substituted in lieu thereof (Effective October 1, 2019, and 92
applicable to property acquired on or after October 1, 2019): 93
As used in this chapter, (1) "municipality" means a town, city, 94
consolidated town and city or consolidated town and borough; (2) 95
"legislative body" means (A) the board of selectmen in a town that 96
does not have a charter, special act or home rule ordinance relating to 97
its government or (B) the council, board of aldermen, representative 98
town meeting, board of selectmen or other elected legislative body 99
described in a charter, special act or home rule ordinance relating to 100
government in a city, consolidated town and city, consolidated town 101
and borough or a town having a charter, special act, consolidation 102
ordinance or home rule ordinance relating to its government; (3) 103
"development agency" means the agency designated by a municipality 104
under section 8-188 through which the municipality may exercise the 105
powers granted under this chapter; (4) "development project" means a 106
project conducted by a municipality for the assembly, improvement 107
and disposition of land or buildings or both to be used principally for 108
industrial or business purposes and includes vacated commercial 109
plants; (5) "vacated commercial plants" means buildings formerly used 110
principally for business or industrial purposes of which more than fifty 111
per cent of the usable floor space is, or which it is anticipated, within 112
eighteen months, shall be, unused or substantially underutilized; (6) 113
"project area" means the area within which the development project is 114
located; (7) "commissioner" means the Commissioner of Economic and 115
Community Development; (8) "planning commission" means the 116
planning and zoning commission designated pursuant to section 8-4a 117 Substitute Bill No. 5123
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or the planning commission created pursuant to section 8-19; (9) "real 118
property" means land, subterranean or subsurface rights, structures, 119
any and all easements, air rights and franchises and every estate, right 120
or interest therein; and (10) "business purpose" includes, but is not 121
limited to, any commercial, financial or retail enterprise, [and includes] 122
including any enterprise which promotes tourism, [and] but excludes 123
any real property that produces income for a private entity. 124
Sec. 6. Subsection (a) of section 8-189 of the general statutes is 125
repealed and the following is substituted in lieu thereof (Effective 126
October 1, 2019, and applicable to property acquired on or after October 1, 127
2019): 128
(a) The development agency may initiate a development project by 129
preparing a project plan in accordance with regulations adopted by the 130
commissioner pursuant to section 8-198. The project plan shall meet an 131
identified public need and include: (1) A legal description of the land 132
within the project area; (2) a description of the present condition and 133
uses of such land or building; (3) a description of the process utilized 134
by the agency to prepare the plan and a description of alternative 135
approaches considered to achieve project objectives; (4) a description 136
of the types and locations of land uses or building uses proposed for 137
the project area; (5) a description of the types and locations of present 138
and proposed streets, sidewalks and sanitary, utility and other 139
facilities and the types and locations of other proposed site 140
improvements; (6) statements of the present and proposed zoning 141
classification and subdivision status of the project area and the areas 142
adjacent to the project area; (7) a plan for relocating project-area 143
occupants; (8) a financing plan; (9) an administrative plan; (10) a 144
marketability and proposed land-use study or building use study if 145
required by the commissioner; (11) appraisal reports and title searches; 146
(12) a description of the public benefits of the project including, but not 147
limited to, (A) the number of jobs which the development agency 148
anticipates would be created by the project; (B) the estimated property 149
tax benefits; (C) the number and types of existing housing units in the 150 Substitute Bill No. 5123
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municipality in which the project would be located, and in contiguous 151
municipalities, which would be available to employees filling such 152
jobs; (D) a general description of infrastructure improvements, 153
including public access, facilities or use, that the development agency 154
anticipates may be needed to implement the development plan; (E) a 155
general description of the development agency's goals for blight 156
remediation or, if known, environmental remediation; (F) a general 157
description of any aesthetic improvements that the development 158
agency anticipates may be generated by the project; (G) a general 159
description of the project's intended role in increasing or sustaining 160
market value of land in the municipality; (H) a general description of 161
the project's intended role in assisting residents of the municipality to 162
improve their standard of living; and (I) a general statement of the 163
project's role in maintaining or enhancing the competitiveness of the 164
municipality; (13) findings that (A) the land and buildings within the 165
project area will be used principally for industrial or business 166
purposes; (B) the plan is in accordance with the plan of conservation 167
and development for the municipality adopted by its planning 168
commission under section 8-23, and the plan of development of the 169
regional council of governments adopted under section 8-35a, if any, 170
for the region within which the municipality is located; (C) the plan 171
was prepared giving due consideration to the state plan of 172
conservation and development adopted under chapter 297 and any 173
other state-wide planning program objectives of the state or state 174
agencies as coordinated by the Secretary of the Office of Policy and 175
Management; and (D) the project will contribute to the economic 176
welfare of the municipality and the state; and that to carry out and 177
administer the project, public action under this chapter is required; 178
and (14) a preliminary statement describing the proposed process for 179
acquiring each parcel of real property, including findings that (A) 180
public benefits resulting from the development plan will outweigh any 181
private benefits; (B) existing use of the real property cannot be feasibly 182
integrated into the overall development plan for the project; (C) 183
acquisition by eminent domain is reasonably necessary to successfully 184
achieve the objectives of such development plan; and (D) the 185 Substitute Bill No. 5123
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development plan is not for the primary purpose of increasing local 186
tax revenues or for any purpose that produces income from such real 187
property for a private entity. Any plan that has been prepared by a 188
redevelopment agency under chapter 130 may be submitted by the 189
development agency to the legislative body and to the commissioner 190
for approval in lieu of a plan initiated and prepared in accordance with 191
this section, provided all other requirements of this chapter for 192
obtaining the approval of the commissioner of the project plan are 193
satisfied. 194
Sec. 7. Subdivision (1) of subsection (i) of section 32-224 of the 195
general statutes is repealed and the following is substituted in lieu 196
thereof (Effective October 1, 2019, and applicable to property acquired on or 197
after October 1, 2019): 198
(i) (1) The implementing agency may, with the approval of the 199
legislative body of the municipality, and in the name of the 200
municipality, condemn in accordance with section 8-128 to 8-133, 201
inclusive, any real property necessary or appropriate for the project as 202
identified in the development plan, including real property and 203
interests in land for rights-of-way and other easements to and from the 204
project area, except that no real property may be condemned pursuant 205
to this subsection for the primary purpose of increasing local tax 206
revenue or for any purpose that produces income from such real 207
property for a private entity. 208
Sec. 8. Subsection (a) of section 32-222 of the general statutes is 209
repealed and the following is substituted in lieu thereof (Effective 210
October 1, 2019, and applicable to property acquired on or after October 1, 211
2019): 212
(a) "Business development project" means a project undertaken by 213
an eligible applicant involving one or more of the following: 214
(1) The construction, substantial renovation, improvement or 215
expansion of a facility; 216 Substitute Bill No. 5123
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(2) The acquisition of new machinery and equipment; 217
(3) The acquisition, other than by condemnation for any purpose 218
that produces income for a private entity, improvement, demolition, 219
cultivation or disposition of real property, or combinations thereof, or 220
the remediation of contaminated real property; 221
(4) The creation at a facility, within twenty-four months of the 222
initiation of a hiring program, not less than ten new jobs or an increase 223
in the number of persons employed at the facility of twenty per cent, 224
whichever is greater; 225
(5) Economic diversification of the economy of an area of the state or 226
manufacturing or other economic base business where such area or 227
business is substantially reliant upon defense and related industry; 228
(6) Participation in the avoidance of an imminent plant closing or 229
relocation by a manufacturing or other economic base business or 230
assist or improve the economy of an area of the state which has been or 231
is likely to be significantly and adversely impacted by one or more 232
major plant closings or relocations; 233
(7) Support research and development or commercialization of 234
technologies, products, processes or techniques of a manufacturing or 235
other economic base business; 236
(8) Creation or support of organizations and activities specifically 237
leveraging federal resources that provide technical and engineering 238
assistance to small manufacturers or other economic base businesses to 239
assist them with the design, testing, manufacture and marketing of 240
new products, the exporting of state products and services, and the 241
instruction and implementation of new techniques and technologies; 242
(9) Support of substantial workforce development efforts; 243
(10) Promotion of community conservation or development or 244
improvement of the quality of life for urban residents of the state; 245 Substitute Bill No. 5123
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(11) Promotion of the revitalization of underutilized, state-owned 246
former railroad depots and areas adjacent to such depots; or 247
(12) Promotion of export activities, including sponsorship of 248
programs that support exportation, assistance to companies in 249
accessing federal Department of Commerce services, and provision of 250
marketing materials and web site improvements for exporters; 251
Sec. 9. Subsection (b) of section 32-224 of the general statutes is 252
repealed and the following is substituted in lieu thereof (Effective 253
October 1, 2019, and applicable to property acquired on or after October 1, 254
2019): 255
(b) The implementing agency may initiate a municipal development 256
project by preparing and submitting a development plan to the 257
commissioner. Such plan shall meet an identified public need and 258
include: (1) A legal description of the real property within the 259
boundaries of the project area; (2) a description of the present 260
condition and uses of such real property; (3) a description of the 261
process utilized by the agency to prepare the plan and a description of 262
alternative approaches considered to achieve project objectives; (4) a 263
description of the types and locations of land uses or building uses 264
proposed for the project area; (5) a description of the types and 265
locations of present and proposed streets, sidewalks and sanitary, 266
utility and other facilities and the types and locations of other 267
proposed project improvements; (6) statements of the present and 268
proposed zoning classification and subdivision status of the project 269
area and the areas adjacent to the project area; (7) a plan for relocating 270
project area occupants; (8) a financing plan; (9) an administrative plan; 271
(10) an environmental analysis, marketability and proposed land use 272
study, or building use study if required by the commissioner; (11) 273
appraisal reports and title searches if required by the commissioner; 274
(12) a description of the public benefit of the project, including, but not 275
limited to, (A) the number of jobs which the implementing agency 276
anticipates would be created or retained by the project, (B) the 277
estimated property tax benefits, (C) the number and types of existing 278 Substitute Bill No. 5123
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housing units in the municipality in which the project would be 279
located, and in contiguous municipalities, which would be available to 280
employees filling such jobs, (D) a general description of infrastructure 281
improvements, including public access, facilities or use, that the 282
implementing agency anticipates may be needed to implement the 283
development plan, (E) a general description of the implementing 284
agency's goals for blight remediation or, if known, environmental 285
remediation, (F) a general description of any aesthetic improvements 286
that the implementing agency anticipates may be generated by the 287
project, (G) a general description of the project's intended role in 288
increasing or sustaining market value of land in the municipality, (H) a 289
general description of the project's intended role in assisting residents 290
of the municipality to improve their standard of living, and (I) a 291
general statement of the project's role in maintaining or enhancing the 292
competitiveness of the municipality; (13) a finding that (A) the land 293
and buildings within the boundaries of the project area will be used 294
principally for manufacturing or other economic base business 295
purposes or business support services; (B) the plan is in accordance 296
with the plan of conservation and development for the municipality, if 297
any, adopted by its planning commission under section 8-23, and the 298
plan of development of the regional council of governments adopted 299
under section 8-35a, if any, for the region within which the 300
municipality is located; (C) the plan was prepared giving due 301
consideration to the state plan of conservation and development 302
adopted under chapter 297 and other state-wide planning program 303
objectives of the state or state agencies as coordinated by the Secretary 304
of the Office of Policy and Management; and (D) the project will 305
contribute to the economic welfare of the municipality and the state 306
and that to carry out and administer the project, public action under 307
sections 32-220 to 32-234, inclusive, is required; and (14) a preliminary 308
statement describing the proposed process for acquiring each parcel of 309
real property, including findings that (A) public benefits resulting 310
from the plan will outweigh any private benefits; (B) existing use of the 311
real property cannot be feasibly integrated into the overall plan for the 312
project; (C) acquisition by eminent domain is reasonably necessary to 313 Substitute Bill No. 5123
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successfully achieve the objectives of such plan; and (D) the plan is not 314
for the primary purpose of increasing local tax revenues or for any 315
purpose that produces income from such parcel for a private entity. 316
The provisions of this subsection with respect to submission of a 317
development plan to and approval by the commissioner and with 318
respect to a finding that the plan was prepared giving due 319
consideration to the state plan of conservation and development and 320
state-wide planning program objectives of the state or its agencies shall 321
not apply to a project for which no financial assistance has been given 322
and no application for financial assistance is to be made under section 323
32-223. Any plan that has been prepared under chapters 130, 132 or 324
588a may be submitted by the implementing agency to the legislative 325
body of the municipality and to the commissioner in lieu of a plan 326
initiated and prepared in accordance with this section, provided all 327
other requirements of sections 32-220 to 32-234, inclusive, for obtaining 328
the approval of the commissioner of the development plan are 329
satisfied. Any action taken in connection with the preparation and 330
adoption of such plan shall be deemed effective to the extent such 331
action satisfies the requirements of said sections. 332
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019, and
applicable to property
acquired on or after
October 1, 2019
8-127a(a)(1)
Sec. 2 October 1, 2019, and
applicable to property
acquired on or after
October 1, 2019
8-125(3)
Sec. 3 October 1, 2019 8-127(b)
Sec. 4 October 1, 2019, and
applicable to property
acquired on or after
October 1, 2019
8-193(b)(1) Substitute Bill No. 5123
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Sec. 5 October 1, 2019, and
applicable to property
acquired on or after
October 1, 2019
8-187
Sec. 6 October 1, 2019, and
applicable to property
acquired on or after
October 1, 2019
8-189(a)
Sec. 7 October 1, 2019, and
applicable to property
acquired on or after
October 1, 2019
32-224(i)(1)
Sec. 8 October 1, 2019, and
applicable to property
acquired on or after
October 1, 2019
32-222(a)
Sec. 9 October 1, 2019, and
applicable to property
acquired on or after
October 1, 2019
32-224(b)
Statement of Legislative Commissioners:
In Section 5(10), "any property" was changed to "any real property" for
accuracy and consistency.
PD Joint Favorable Subst.