Connecticut 2025 Regular Session

Connecticut House Bill HB07143 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 3606 1 of 12
4	4
5	5	General Assembly Raised Bill No. 7143
6	6	January Session, 2025
7	7	LCO No. 3606
8	8
9	9
10	10	Referred to Committee on PLANNING AND DEVELOPMENT
11	11
12	12
13	13	Introduced by:
14	14	(PD)
15	15
16	16
17	17
18	18
19	19	AN ACT PROHIBITING THE USE OF EMINENT DOMAIN FOR
20	20	CERTAIN COMMERCIAL PURPOSES.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Subdivision (1) of subsection (a) of section 8-127a of the 1
25	25	general statutes is repealed and the following is substituted in lieu 2
26	26	thereof (Effective October 1, 2025, and applicable to property acquired on or 3
27	27	after October 1, 2025): 4
28	28	(a) (1) No real property may be acquired by a redevelopment agency 5
29	29	by eminent domain pursuant to section 8-128 under a redevelopment 6
30	30	plan under this chapter for the primary purpose of increasing local tax 7
31	31	revenue or any purpose that produces income from such real property 8
32	32	for a private entity. 9
33	33	Sec. 2. Subdivision (3) of section 8-125 of the general statutes is 10
34	34	repealed and the following is substituted in lieu thereof (Effective October 11
35	35	1, 2025, and applicable to property acquired on or after October 1, 2025): 12
36	36	(3) A "redevelopment plan" means a plan that includes: (A) (i) A 13
37	37	description of the redevelopment area and the condition, type and use 14
38	38	Raised Bill No. 7143
39	39
40	40
41	41
42	42	LCO No. 3606 2 of 12
43	43
44	44	of the structures therein, and (ii) specification of each parcel proposed 15
45	45	to be acquired, including parcels to be acquired by eminent domain; (B) 16
46	46	the location and extent of the land uses, other than for any purpose that 17
47	47	produces income from any such parcel acquired by eminent domain for 18
48	48	a private entity, proposed for and within the redevelopment area, such 19
49	49	as housing, recreation, business, industry, schools, civic activities, open 20
50	50	spaces or other categories of public and private uses; (C) the location 21
51	51	and extent of streets and other public utilities, facilities and works 22
52	52	within the redevelopment area; (D) schedules showing the number of 23
53	53	families displaced by the proposed improvement, the method of 24
54	54	temporary relocation of such families and the availability of sufficient 25
55	55	suitable living accommodations at prices and rentals within the 26
56	56	financial reach of such families and located within a reasonable distance 27
57	57	of the area from which such families are displaced; (E) present and 28
58	58	proposed zoning regulations in the redevelopment area; (F) a 29
59	59	description of how the redevelopment area is deteriorated, 30
60	60	deteriorating, substandard or detrimental to the safety, health, morals 31
61	61	or welfare of the community; and (G) any other detail including 32
62	62	financial aspects of redevelopment which, in the judgment of the 33
63	63	redevelopment agency authorized herein, is necessary to give it 34
64	64	adequate information; 35
65	65	Sec. 3. Subsection (b) of section 8-127 of the general statutes is 36
66	66	repealed and the following is substituted in lieu thereof (Effective October 37
67	67	1, 2025): 38
68	68	(b) Before approving any redevelopment plan, the redevelopment 39
69	69	agency shall hold a public hearing on the plan, notice of which shall be 40
70	70	published at least twice in a newspaper of general circulation in the 41
71	71	municipality, the first publication of notice to be not less than two weeks 42
72	72	before the date set for the hearing. At least thirty-five days prior to any 43
73	73	public hearing, the redevelopment agency shall post the plan on the 44
74	74	Internet web site of the redevelopment agency, if any. The 45
75	75	redevelopment agency may approve any such redevelopment plan if, 46
76	76	following such hearing, it finds that: (1) The area in which the proposed 47
77	77	Raised Bill No. 7143
78	78
79	79
80	80
81	81	LCO No. 3606 3 of 12
82	82
83	83	redevelopment is to be located is a redevelopment area; (2) the carrying 48
84	84	out of the redevelopment plan will result in materially improving 49
85	85	conditions in such area; (3) sufficient living accommodations are 50
86	86	available within a reasonable distance of such area or are provided for 51
87	87	in the redevelopment plan for families displaced by the proposed 52
88	88	improvement, at prices or rentals within the financial reach of such 53
89	89	families; (4) the redevelopment plan is satisfactory as to site planning, 54
90	90	relation to the plan of conservation and development of the 55
91	91	municipality adopted under section 8-23 and, except when the 56
92	92	redevelopment agency has prepared the redevelopment plan, the 57
93	93	construction and financial ability of the redeveloper to carry it out; (5) 58
94	94	the planning agency has issued a written opinion in accordance with 59
95	95	subsection (a) of this section that the redevelopment plan is consistent 60
96	96	with the plan of conservation and development of the municipality 61
97	97	adopted under section 8-23; and (6) (A) public benefits resulting from 62
98	98	the redevelopment plan will outweigh any private benefits; (B) existing 63
99	99	use of the real property cannot be feasibly integrated into the overall 64
100	100	redevelopment plan for the project; (C) acquisition by eminent domain 65
101	101	is reasonably necessary to successfully achieve the objectives of such 66
102	102	redevelopment plan; and (D) the redevelopment plan is not for the 67
103	103	primary purpose of increasing local tax revenues or any purpose that 68
104	104	produces income from such real property for a private entity. No 69
105	105	redevelopment plan for a project that consists predominantly of 70
106	106	residential facilities shall be approved by the redevelopment agency in 71
107	107	any municipality having a housing authority organized under the 72
108	108	provisions of chapter 128 except with the approval of such housing 73
109	109	authority. 74
110	110	Sec. 4. Subdivision (1) of subsection (b) of section 8-193 of the general 75
111	111	statutes is repealed and the following is substituted in lieu thereof 76
112	112	(Effective October 1, 2025, and applicable to property acquired on or after 77
113	113	October 1, 2019): 78
114	114	(b) (1) The development agency may, with the approval of the 79
115	115	legislative body in accordance with this subsection, and in the name of 80
116	116	Raised Bill No. 7143
117	117
118	118
119	119
120	120	LCO No. 3606 4 of 12
121	121
122	122	the municipality, acquire by eminent domain real property located 81
123	123	within the project area and real property and interests therein for rights-82
124	124	of-way and other easements to and from the project area, in the same 83
125	125	manner that a redevelopment agency may acquire real property under 84
126	126	sections 8-128 to 8-133, inclusive, as if said sections specifically applied 85
127	127	to development agencies, except that no real property may be acquired 86
128	128	by eminent domain pursuant to this subsection for the primary purpose 87
129	129	of increasing local tax revenue or any purpose that produces income 88
130	130	from such real property for a private entity. 89
131	131	Sec. 5. Section 8-187 of the general statutes is repealed and the 90
132	132	following is substituted in lieu thereof (Effective October 1, 2025): 91
133	133	As used in this chapter, (1) "municipality" means a town, city, 92
134	134	consolidated town and city or consolidated town and borough; (2) 93
135	135	"legislative body" means (A) the board of selectmen in a town that does 94
136	136	not have a charter, special act or home rule ordinance relating to its 95
137	137	government or (B) the council, board of aldermen, representative town 96
138	138	meeting, board of selectmen or other elected legislative body described 97
139	139	in a charter, special act or home rule ordinance relating to government 98
140	140	in a city, consolidated town and city, consolidated town and borough or 99
141	141	a town having a charter, special act, consolidation ordinance or home 100
142	142	rule ordinance relating to its government; (3) "development agency" 101
143	143	means the agency designated by a municipality under section 8-188 102
144	144	through which the municipality may exercise the powers granted under 103
145	145	this chapter; (4) "development project" means a project conducted by a 104
146	146	municipality for the assembly, improvement and disposition of land or 105
147	147	buildings or both to be used principally for industrial or business 106
148	148	purposes and includes vacated commercial plants; (5) "vacated 107
149	149	commercial plants" means buildings formerly used principally for 108
150	150	business or industrial purposes of which more than fifty per cent of the 109
151	151	usable floor space is, or which it is anticipated, within eighteen months, 110
152	152	shall be, unused or substantially underutilized; (6) "project area" means 111
153	153	the area within which the development project is located; (7) 112
154	154	"commissioner" means the Commissioner of Economic and Community 113
155	155	Raised Bill No. 7143
156	156
157	157
158	158
159	159	LCO No. 3606 5 of 12
160	160
161	161	Development; (8) "planning commission" means the planning and 114
162	162	zoning commission designated pursuant to section 8-4a or the planning 115
163	163	commission created pursuant to section 8-19; (9) "real property" means 116
164	164	land, subterranean or subsurface rights, structures, any and all 117
165	165	easements, air rights and franchises and every estate, right or interest 118
166	166	therein; and (10) "business purpose" includes, but is not limited to, any 119
167	167	commercial, financial or retail enterprise, [and includes] including any 120
168	168	enterprise which promotes tourism, [and any] but excludes any real 121
169	169	property that produces income for a private entity. 122
170	170	Sec. 6. Subsection (a) of section 8-189 of the general statutes is 123
171	171	repealed and the following is substituted in lieu thereof (Effective October 124
172	172	1, 2025, and applicable to property acquired on or after October 1, 2025): 125
173	173	(a) The development agency may initiate a development project by 126
174	174	preparing a project plan in accordance with regulations adopted by the 127
175	175	commissioner pursuant to section 8-198. The project plan shall meet an 128
176	176	identified public need and include: (1) A legal description of the land 129
177	177	within the project area; (2) a description of the present condition and 130
178	178	uses of such land or building; (3) a description of the process utilized by 131
179	179	the agency to prepare the plan and a description of alternative 132
180	180	approaches considered to achieve project objectives; (4) a description of 133
181	181	the types and locations of land uses or building uses proposed for the 134
182	182	project area; (5) a description of the types and locations of present and 135
183	183	proposed streets, sidewalks and sanitary, utility and other facilities and 136
184	184	the types and locations of other proposed site improvements; (6) 137
185	185	statements of the present and proposed zoning classification and 138
186	186	subdivision status of the project area and the areas adjacent to the 139
187	187	project area; (7) a plan for relocating project-area occupants; (8) a 140
188	188	financing plan; (9) an administrative plan; (10) a marketability and 141
189	189	proposed land-use study or building use study if required by the 142
190	190	commissioner; (11) appraisal reports and title searches; (12) a 143
191	191	description of the public benefits of the project including, but not limited 144
192	192	to, (A) the number of jobs which the development agency anticipates 145
193	193	would be created by the project; (B) the estimated property tax benefits; 146
194	194	Raised Bill No. 7143
195	195
196	196
197	197
198	198	LCO No. 3606 6 of 12
199	199
200	200	(C) the number and types of existing housing units in the municipality 147
201	201	in which the project would be located, and in contiguous municipalities, 148
202	202	which would be available to employees filling such jobs; (D) a general 149
203	203	description of infrastructure improvements, including public access, 150
204	204	facilities or use, that the development agency anticipates may be needed 151
205	205	to implement the development plan; (E) a general description of the 152
206	206	development agency's goals for blight remediation or, if known, 153
207	207	environmental remediation; (F) a general description of any aesthetic 154
208	208	improvements that the development agency anticipates may be 155
209	209	generated by the project; (G) a general description of the project's 156
210	210	intended role in increasing or sustaining market value of land in the 157
211	211	municipality; (H) a general description of the project's intended role in 158
212	212	assisting residents of the municipality to improve their standard of 159
213	213	living; and (I) a general statement of the project's role in maintaining or 160
214	214	enhancing the competitiveness of the municipality; (13) findings that 161
215	215	(A) the land and buildings within the project area will be used 162
216	216	principally for industrial or business purposes; (B) the plan is in 163
217	217	accordance with the plan of conservation and development for the 164
218	218	municipality adopted by its planning commission under section 8-23, 165
219	219	and the plan of development of the regional council of governments 166
220	220	adopted under section 8-35a, if any, for the region within which the 167
221	221	municipality is located; (C) the plan was prepared giving due 168
222	222	consideration to the state plan of conservation and development 169
223	223	adopted under chapter 297 and any other state-wide planning program 170
224	224	objectives of the state or state agencies as coordinated by the Secretary 171
225	225	of the Office of Policy and Management; and (D) the project will 172
226	226	contribute to the economic welfare of the municipality and the state; and 173
227	227	that to carry out and administer the project, public action under this 174
228	228	chapter is required; and (14) a preliminary statement describing the 175
229	229	proposed process for acquiring each parcel of real property, including 176
230	230	findings that (A) public benefits resulting from the development plan 177
231	231	will outweigh any private benefits; (B) existing use of the real property 178
232	232	cannot be feasibly integrated into the overall development plan for the 179
233	233	project; (C) acquisition by eminent domain is reasonably necessary to 180
234	234	Raised Bill No. 7143
235	235
236	236
237	237
238	238	LCO No. 3606 7 of 12
239	239
240	240	successfully achieve the objectives of such development plan; and (D) 181
241	241	the development plan is not for the primary purpose of increasing local 182
242	242	tax revenues or for any purpose that produces income from such real 183
243	243	property for a private entity. Any plan that has been prepared by a 184
244	244	redevelopment agency under chapter 130 may be submitted by the 185
245	245	development agency to the legislative body and to the commissioner for 186
246	246	approval in lieu of a plan initiated and prepared in accordance with this 187
247	247	section, provided all other requirements of this chapter for obtaining the 188
248	248	approval of the commissioner of the project plan are satisfied. 189
249	249	Sec. 7. Subdivision (1) of subsection (i) of section 32-224 of the general 190
250	250	statutes is repealed and the following is substituted in lieu thereof 191
251	251	(Effective October 1, 2025, and applicable to property acquired on or after 192
252	252	October 1, 2025): 193
253	253	(i) (1) The implementing agency may, with the approval of the 194
254	254	legislative body of the municipality, and in the name of the 195
255	255	municipality, condemn in accordance with section 8-128 to 8-133, 196
256	256	inclusive, any real property necessary or appropriate for the project as 197
257	257	identified in the development plan, including real property and 198
258	258	interests in land for rights-of-way and other easements to and from the 199
259	259	project area, except that no real property may be condemned pursuant 200
260	260	to this subsection for the primary purpose of increasing local tax 201
261	261	revenue or for any purpose that produces income from such real 202
262	262	property for a private entity. 203
263	263	Sec. 8. Subsection (a) of section 32-222 of the general statutes is 204
264	264	repealed and the following is substituted in lieu thereof (Effective October 205
265	265	1, 2025, and applicable to property acquired on or after October 1, 2025): 206
266	266	(a) "Business development project" means a project undertaken by an 207
267	267	eligible applicant involving one or more of the following: 208
268	268	(1) The construction, substantial renovation, improvement or 209
269	269	expansion of a facility; 210
270	270	Raised Bill No. 7143
271	271
272	272
273	273
274	274	LCO No. 3606 8 of 12
275	275
276	276	(2) The acquisition of new machinery and equipment; 211
277	277	(3) The acquisition, other than by condemnation for any purpose that 212
278	278	produces income for a private entity, improvement, demolition, 213
279	279	cultivation or disposition of real property, or combinations thereof, or 214
280	280	the remediation of contaminated real property; 215
281	281	(4) The creation at a facility, within twenty-four months of the 216
282	282	initiation of a hiring program, not less than ten new jobs or an increase 217
283	283	in the number of persons employed at the facility of twenty per cent, 218
284	284	whichever is greater; 219
285	285	(5) Economic diversification of the economy of an area of the state or 220
286	286	manufacturing or other economic base business where such area or 221
287	287	business is substantially reliant upon defense and related industry; 222
288	288	(6) Participation in the avoidance of an imminent plant closing or 223
289	289	relocation by a manufacturing or other economic base business or assist 224
290	290	or improve the economy of an area of the state which has been or is 225
291	291	likely to be significantly and adversely impacted by one or more major 226
292	292	plant closings or relocations; 227
293	293	(7) Support research and development or commercialization of 228
294	294	technologies, products, processes or techniques of a manufacturing or 229
295	295	other economic base business; 230
296	296	(8) Creation or support of organizations and activities specifically 231
297	297	leveraging federal resources that provide technical and engineering 232
298	298	assistance to small manufacturers or other economic base businesses to 233
299	299	assist them with the design, testing, manufacture and marketing of new 234
300	300	products, the exporting of state products and services, and the 235
301	301	instruction and implementation of new techniques and technologies; 236
302	302	(9) Support of substantial workforce development efforts; 237
303	303	(10) Promotion of community conservation or development or 238
304	304	improvement of the quality of life for urban residents of the state; 239
305	305	Raised Bill No. 7143
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307	307
308	308
309	309	LCO No. 3606 9 of 12
310	310
311	311	(11) Promotion of the revitalization of underutilized, state-owned 240
312	312	former railroad depots and areas adjacent to such depots; or 241
313	313	(12) Promotion of export activities, including sponsorship of 242
314	314	programs that support exportation, assistance to companies in accessing 243
315	315	federal Department of Commerce services, and provision of marketing 244
316	316	materials and web site improvements for exporters; 245
317	317	Sec. 9. Subsection (b) of section 32-224 of the general statutes is 246
318	318	repealed and the following is substituted in lieu thereof (Effective October 247
319	319	1, 2025, and applicable to property acquired on or after October 1, 2025): 248
320	320	(b) The implementing agency may initiate a municipal development 249
321	321	project by preparing and submitting a development plan to the 250
322	322	commissioner. Such plan shall meet an identified public need and 251
323	323	include: (1) A legal description of the real property within the 252
324	324	boundaries of the project area; (2) a description of the present condition 253
325	325	and uses of such real property; (3) a description of the process utilized 254
326	326	by the agency to prepare the plan and a description of alternative 255
327	327	approaches considered to achieve project objectives; (4) a description of 256
328	328	the types and locations of land uses or building uses proposed for the 257
329	329	project area; (5) a description of the types and locations of present and 258
330	330	proposed streets, sidewalks and sanitary, utility and other facilities and 259
331	331	the types and locations of other proposed project improvements; (6) 260
332	332	statements of the present and proposed zoning classification and 261
333	333	subdivision status of the project area and the areas adjacent to the 262
334	334	project area; (7) a plan for relocating project area occupants; (8) a 263
335	335	financing plan; (9) an administrative plan; (10) an environmental 264
336	336	analysis, marketability and proposed land use study, or building use 265
337	337	study if required by the commissioner; (11) appraisal reports and title 266
338	338	searches if required by the commissioner; (12) a description of the public 267
339	339	benefit of the project, including, but not limited to, (A) the number of 268
340	340	jobs which the implementing agency anticipates would be created or 269
341	341	retained by the project, (B) the estimated property tax benefits, (C) the 270
342	342	number and types of existing housing units in the municipality in which 271
343	343	Raised Bill No. 7143
344	344
345	345
346	346
347	347	LCO No. 3606 10 of 12
348	348
349	349	the project would be located, and in contiguous municipalities, which 272
350	350	would be available to employees filling such jobs, (D) a general 273
351	351	description of infrastructure improvements, including public access, 274
352	352	facilities or use, that the implementing agency anticipates may be 275
353	353	needed to implement the development plan, (E) a general description of 276
354	354	the implementing agency's goals for blight remediation or, if known, 277
355	355	environmental remediation, (F) a general description of any aesthetic 278
356	356	improvements that the implementing agency anticipates may be 279
357	357	generated by the project, (G) a general description of the project's 280
358	358	intended role in increasing or sustaining market value of land in the 281
359	359	municipality, (H) a general description of the project's intended role in 282
360	360	assisting residents of the municipality to improve their standard of 283
361	361	living, and (I) a general statement of the project's role in maintaining or 284
362	362	enhancing the competitiveness of the municipality; (13) a finding that 285
363	363	(A) the land and buildings within the boundaries of the project area will 286
364	364	be used principally for manufacturing or other economic base business 287
365	365	purposes or business support services; (B) the plan is in accordance with 288
366	366	the plan of conservation and development for the municipality, if any, 289
367	367	adopted by its planning commission under section 8-23, and the plan of 290
368	368	development of the regional council of governments adopted under 291
369	369	section 8-35a, if any, for the region within which the municipality is 292
370	370	located; (C) the plan was prepared giving due consideration to the state 293
371	371	plan of conservation and development adopted under chapter 297 and 294
372	372	other state-wide planning program objectives of the state or state 295
373	373	agencies as coordinated by the Secretary of the Office of Policy and 296
374	374	Management; and (D) the project will contribute to the economic 297
375	375	welfare of the municipality and the state and that to carry out and 298
376	376	administer the project, public action under sections 32-220 to 32-234, 299
377	377	inclusive, is required; and (14) a preliminary statement describing the 300
378	378	proposed process for acquiring each parcel of real property, including 301
379	379	findings that (A) public benefits resulting from the plan will outweigh 302
380	380	any private benefits; (B) existing use of the real property cannot be 303
381	381	feasibly integrated into the overall plan for the project; (C) acquisition 304
382	382	by eminent domain is reasonably necessary to successfully achieve the 305
383	383	Raised Bill No. 7143
384	384
385	385
386	386
387	387	LCO No. 3606 11 of 12
388	388
389	389	objectives of such plan; and (D) the plan is not for the primary purpose 306
390	390	of increasing local tax revenues or for any purpose that produces income 307
391	391	from such parcel for a private entity. The provisions of this subsection 308
392	392	with respect to submission of a development plan to and approval by 309
393	393	the commissioner and with respect to a finding that the plan was 310
394	394	prepared giving due consideration to the state plan of conservation and 311
395	395	development and state-wide planning program objectives of the state or 312
396	396	its agencies shall not apply to a project for which no financial assistance 313
397	397	has been given and no application for financial assistance is to be made 314
398	398	under section 32-223. Any plan that has been prepared under chapters 315
399	399	130, 132 or 588a may be submitted by the implementing agency to the 316
400	400	legislative body of the municipality and to the commissioner in lieu of a 317
401	401	plan initiated and prepared in accordance with this section, provided all 318
402	402	other requirements of sections 32-220 to 32-234, inclusive, for obtaining 319
403	403	the approval of the commissioner of the development plan are satisfied. 320
404	404	Any action taken in connection with the preparation and adoption of 321
405	405	such plan shall be deemed effective to the extent such action satisfies the 322
406	406	requirements of said sections. 323
407	407	This act shall take effect as follows and shall amend the following
408	408	sections:
409	409
410	410	Section 1 October 1, 2025, and
411	411	applicable to property
412	412	acquired on or after
413	413	October 1, 2025
414	414	8-127a(a)(1)
415	415	Sec. 2 October 1, 2025, and
416	416	applicable to property
417	417	acquired on or after
418	418	October 1, 2025
419	419	8-125(3)
420	420	Sec. 3 October 1, 2025 8-127(b)
421	421	Sec. 4 October 1, 2025, and
422	422	applicable to property
423	423	acquired on or after
424	424	October 1, 2019
425	425	8-193(b)(1)
426	426	Sec. 5 October 1, 2025 8-187
427	427	Raised Bill No. 7143
428	428
429	429
430	430
431	431	LCO No. 3606 12 of 12
432	432
433	433	Sec. 6 October 1, 2025, and
434	434	applicable to property
435	435	acquired on or after
436	436	October 1, 2025
437	437	8-189(a)
438	438	Sec. 7 October 1, 2025, and
439	439	applicable to property
440	440	acquired on or after
441	441	October 1, 2025
442	442	32-224(i)(1)
443	443	Sec. 8 October 1, 2025, and
444	444	applicable to property
445	445	acquired on or after
446	446	October 1, 2025
447	447	32-222(a)
448	448	Sec. 9 October 1, 2025, and
449	449	applicable to property
450	450	acquired on or after
451	451	October 1, 2025
452	452	32-224(b)
453	453
454	454	Statement of Purpose:
455	455	To prohibit municipalities from exercising the use of eminent domain
456	456	for any purpose that produces income for a private, commercial entity.
457	457
458	458	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
459	459	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
460	460	underlined.]
461	461