Eminent domain: Senate passes bill

(June 1, 2007) The state Senate has passed a bill containing substantial and comprehensive changes to Connecticut’s eminent domain laws.

Introduced by Sen. Andrew McDonald (D-Stamford) and Sen. Eric Coleman (D-Hartford) the amendment to SB-167 is a compromise between those who sought to prohibit the use of eminent domain for economic development purposes, and those who saw the need for adding property owner protections while also recognizing eminent domain as a critical tool for redeveloping blighted properties and brownfields.

The amendment requires a public hearing on all proposed acquisitions of real property by eminent domain; approval by a vote of at least two-thirds of the members of the town’s legislative body or board of selectman determining that the acquisition is, among other things, “reasonably necessary to successfully achieve the objectives of [the town’s] development plan”; and a determination that “public benefits outweigh any private benefits.” The bill, as amended, also includes additional legal protections for property owners throughout the eminent domain process.
The amended bill is now awaiting action by the House. For more information, contact CBIA’s Eric Brown at 860-244-1926 or browne@cbia.com.

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