Connecticut House Bill HB05092

Connecticut 2015 Regular Session

• Introduced: 1/7/15
• Refer: 1/7/15
• Refer: 2/6/15
• Report Pass: 3/13/15
• Refer: 3/20/15
• Report Pass: 3/26/15
• Engrossed: 5/19/15
• Report Pass: 5/21/15
• Chaptered: 6/11/15
• Enrolled: 6/15/15
• Passed: 6/30/15

Caption

An Act Concerning The Discontinuance Of Highways And Private Ways By Municipalities.

Impact

The enactment of HB 05092 will have significant implications for state laws governing local governance and land management. By codifying the procedures for discontinuance, the bill attempts to minimize disputes arising from such actions by ensuring formal notice and opportunity for public input. It also specifies the responsibilities of municipalities in notifying impacted property owners, laying out the framework for judicial review in case of disputes. This could potentially empower municipalities to handle their land use matters more efficiently while balancing property rights with local governance needs.

Summary

House Bill 05092, titled 'An Act Concerning The Discontinuance Of Highways And Private Ways By Municipalities,' provides a framework for municipalities to discontinue public highways and private ways. This bill allows selectmen to terminate highways with the approval of a majority of town meeting attendees. A crucial element of the bill is the procedural clarity it offers regarding how municipalities should notify property owners adjacent to the proposed discontinuance, ensuring that due process is followed in these decisions. It aims to streamline the process of highway discontinuance while safeguarding certain property rights and optimally managing municipal land use.

Sentiment

Overall, the sentiment surrounding House Bill 05092 appears to be neutral to positive among local government officials, who appreciate a clearer process for managing municipal land. However, as with any legislation concerning property rights and local governance, there might be apprehensions from property owners about the adequacy of notice and their ability to contest discontinuance decisions. The bill reflects ongoing discussions about the balance of local control and the rights of affected individuals, showcasing both support for efficient governance and concerns over individual property rights.

Contention

One notable point of contention revolves around the adequacy of notification to affected property owners. Although the bill outlines notification procedures, some stakeholders argue that additional protections should be included to ensure that all impacted residents are fully informed and have the opportunity to voice their concerns. The bill also introduces potential judicial review processes for aggrieved property owners, which could lead to conflicts between municipal authorities and individual landowners over interpretations of notice adequacy and highway necessity. Overall, while the intent is to clarify and streamline processes, the effectiveness of these provisions in practice remains a subject of debate.