A condemning authority, if acquiring less than the total amount of a single unit of contiguous property, shall, if the remaining portion of such property does not conform to the area requirements of existing zoning regulations, obtain a zoning variance for such remaining portion of property from the local zoning board of appeals before condemning any portion of such property. If such variance is not obtained prior to the taking by the condemning authority, the owner or owners of such single unit of contiguous property shall be reimbursed for the total amount of such unit and the condemning authority shall take title in fee simple to the entire unit of contiguous property.
Conn. Gen. Stat. § 48-24
Condemning authority to obtain zoning variance for portion of property not taken or take entire unit
Applied in 2 court decisions — leading case Couture v. Bristol Zba, No. Cv02 0514408 (Mar. 20, 2003) (2003)
Most recently applied in Couture v. Bristol Zba, No. Cv02 0514408 (Mar. 20, 2003) (March 2003)
(1961, P.A. 387; 1963, P.A. 79; 1971, P.A. 208, S. 1.) History: 1963 act specified that condemning authority takes title in fee simple to entire unit of contiguous property wher…
Official source: Connecticut General Assembly. Reproduced from public-domain Connecticut statutes; confirm against the official source for the current text. Not legal advice.