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Home
Will Your Town Follow East Hartford’s Lead

 

May 30, 2012

 

 

From Susan Kniep, President

The Federation of Connecticut Taxpayer Organizations, Inc. 
Website: http://ctact.org/
Email:
fctopresident@aol.com

Telephone: 860-841-8032

 

 

Will Your Town Follow East Hartford’s Lead?

 

As Town Officials Propose to Designate the Entire Town as

 

“Deteriorated, Deteriorating, Substandard or Detrimental to the safety, health, welfare or general economic well being of the community”!

 

And Its Legal - By State Statute! 

http://www.cga.ct.gov/current/pub/chap203.htm#Sec12-65d.htm

 

A recent article by the Associated Press on May 30, 2012 captioned Columbia activists fight urban blight label notes that in Columbia, Illinois “Opponents say the label will lower property values and could make it easier for local government to seize property under eminent domain laws.” Columbia, Illinios residents are responding to the “city of Columbia's effort to classify certain neighborhoods as blighted to help businesses secure tax credits.”

Although similar to what is being proposed for East Hartford,  as Columbia, Illinois residents express their concerns for classifying certain neighborhoods  under a blight designation,  East Hartford is proposing “Pursuant to Connecticut General Statutes 12-65d to designate the entire Town of East Hartford as a Rehabilitation Area as defined by Connecticut General Statues Section 12-65c(a)” and as noted within the following ImproveEHResolution05-15-12.pdf.

 

The concerns of Columbia residents for Eminent Domain abuse are legitimate as homeowners and businesses throughout the country are fighting back through the courts as blight designations are being falsely applied to their properties to facilitate eminent domain takings.  On their side is the Institute of Justice as noted within the following PropertyProf Blog: The Institute for Justice Wins California Blight Case. And Blight? Same Story Different Town | The Institute for Justice .

 

The Institute of Justice is a familiar name in the State of Connecticut as they championed the cause of Susette Kelo and her neighbors in 2005 in their attempt to keep their homes from being seized by the City of New London for the benefit of private developers. 

 

Although Susette and her neighbors lost their homes to Eminent Domain – where the property sits vacant today as noted in the article captioned – Connecticut Agency Seeks to Whitewash Its Role in Kelo Eminent Domain Abuse  - Susette will go down in history as the patriot of our time in leading citizens throughout the country who have successfully called for the elimination of or reforms to State Eminent Domain laws.  Regrettably little success was realized in Connecticut’s State Legislature.

 

In 2005, while working with Susette and her neighbors in an effort to keep their homes, I was invited to participate in a Forum sponsored by The Federalist Society at the State Capital.  The four participants were myself, Attorney Wesley Horton of Hartford, who represented New London in the landmark Kelo v. New London case, Attorney Dana Berliner of the Institute for Justice, which represented the Fort Trumbull property owners in the case, and Attorney John Rose Jr., corporation counsel for the City of Hartford.  My comments are noted within the following EMINENT DOMAIN AFTER KELO.

 

Therein, I echoed the words of John Adams, our country’s second president, when reflecting upon the passion of our forefathers on property rights issues….. "The moment the idea is admitted into society that property is not as sacred as the laws of God, and there is not a force of law and public justice to protect it, anarchy and tyranny commence.  Property must be sacred or liberty cannot exist."   

 

As Columbia, Illinois residents express their concerns for classifying “certain neighborhoods” under a blight designation, Connecticut General Statutes allows such classification for an entire town under 12-65c(a):  "Rehabilitation area" means any municipality, or a part thereof, which is deteriorated, deteriorating, substandard or detrimental to the safety, health, welfare or general economic well-being of the community.

 

To fully appreciate the impact of these State Statutes on your property within the 169 towns through Connecticut,  you may wish to click on and read Sec. 12-65d. Designation of rehabilitation area. Criteria for deferral of assessment increase. And Sec. 8-24. Municipal improvements .

 

 

The Statutes note that in addition to a town scheduling a public hearing on a proposed Rehabilitation Area there are other requirements which involve a Town’s Planning and Zoning Commission with reference to a Town Plan. 

 

Town Plans are required to be updated every 10 years by the State of Connecticut. East Hartford Town Plan approved in 2003, must be updated by 2013.  You should check to determine when the Town Plan in your town is due to be updated. 

 

Where Zoning Regulations and Maps clarify what exists today, a Town Plan and Map is what a Town is proposing for the future.

 

The end result could be your property carrying a designation in a Town Plan contrary to the Zone your property is currently designated, or the redirection of a road or a new road near or through your property, and more.

 

If the Town Plan and/or Map reflect something different than how your property, your neighbors’ property or your general area is currently designated on a Zoning Map, you risk the possibility that a developer could make an application to change the Zone in accordance with the  Town Plan and ultimately succeed - if not through a local Town Planning and Zoning Commission - than on an appeal through the courts.

 

I live in East Hartford and can attest to the many fine homes and businesses in our Town which evidence the time and expense families have dedicated to maintaining their properties.   They certainly do not conform to the definition of “Deteriorated, Deteriorating, Substandard or Detrimental to the safety, health, welfare or general economic well being of the community”!

 

In summary, if the Town of East Hartford or any of the other 168 Connecticut Towns can designate an entire town as a Rehabilitation Area under State Statutes and definitions,  when in fact the majority of properties are not blighted, does that constitute fraud or trickery by our public officials?   And more importantly, could your town officials in another town  be in the process of a proposal similar to East Hartford’s!

 

You may wish to query the public officials in your town – or at least - determine when your Town Plan is due to be revised and if those revisions will impact your own personal property or business.

 

In conclusion, the author of NJ Spotlight | Opinion: 'Blighted' by Any Other Name . . . notes “And so comes the frequent descent into eminent domain abuse -- the taking of viable, nonblighted properties to hand over to big name redevelopers who promise pie in the sky at no cost to taxpayers -- hastened along on the slippery slope of a statutory euphemism. Thankfully, the State Supreme Court has forcefully stepped in to remind local governments, planners, and lower courts that regardless of the name lawmakers choose, only "actually blighted properties" may be included within "deemed redevelopment areas," and doing so cannot be based on claims that the properties will be put to a better use after transfer to someone else.The wake up call to local governments was the "Gallenthin v. Paulsboro" case handed down in the summer of 2007. (Disclosure: this law firm represented Gallenthin, and my law partner orally argued the appeal that was supported by the Public Advocate, Ronald Chen.) and is continued at http://www.njspotlight.com/stories/12/0306/2353/

 

 

*******************

 

 

The following are the Connecticut State Statutes which apply……

 

Title 12 Chapters 201 to 229a (Secs. 12-1 to 12-834) 

Sec. 12-65d. Designation of rehabilitation area. Criteria for deferral of assessment increase. (a) The legislative body of any municipality may, in accordance with the provisions of sections 12-65c to 12-65f, inclusive, adopt a resolution designating such municipality, or any part thereof, as a rehabilitation area and establishing criteria for eligibility of real property within the area so designated for deferral, as provided in section 12-65e, of any increased assessment attributable to rehabilitation or new construction. Such criteria shall include the initial condition of the property, the extent and nature of improvements compatible with the plan of development of the municipality and subdivision and zoning regulations, if any, and in compliance with such state building and health codes and local housing code requirements, as may apply, and acceptable uses for such property. Such criteria shall be determined with the advice of the local building official and housing code enforcement officer or other authority designated by the municipality to enforce the provisions of sections 19a-355, 47a-14a to 47a-14g, inclusive, 47a-51, 47a-53, 47a-54, 47a-54a, 47a-55, 47a-56, 47a-56a, 47a-56d to 47a-56j, inclusive, and 47a-57 to 47a-61, inclusive.

      (b) No such resolution or criteria shall be adopted (1) until after a public hearing, notice of the time, place and purpose of which shall be given by publication in a newspaper having a general circulation in the municipality at least twice, at intervals of not less than two days, the first not more than fifteen days nor less than ten days and the last not less than two days prior to the date of such hearing; and (2) following such hearing, in any municipality having a planning commission or combined planning and zoning commission, such proposal has been referred to such commission for a report in accordance with the provisions of section 8-24, and in the event such commission disapproves the proposal, the vote on adoption by the municipality shall be in accordance with the provisions of said section 8-24.

      (c) Notice of the adoption of the resolution and criteria shall be published by the legislative body, in a newspaper having a general circulation in the municipality, not later than fifteen days after its adoption. A copy of such resolution and criteria shall be filed in the office of the town clerk of such municipality.

      (P.A. 73-558, S. 2; P.A. 74-190, S. 1, 3; P.A. 79-607, S. 20, 22.)

      History: P.A. 74-190 substituted "real" for "residential" property in Subsec. (a); P.A. 79-607 included deferrals for new construction.

 

Sec. 12-65c. Deferral of increased assessments due to rehabilitation: Definitions. As used in sections 12-65c to 12-65f, inclusive:

      
(a) "Rehabilitation area" means any municipality, or a part thereof, which is deteriorated, deteriorating, substandard or detrimental to the safety, health, welfare or general economic well-being of the community;

      (b) "Rehabilitation" means the improvement or repair of a structure or facilities appurtenant thereto, exclusive of general maintenance or minor repairs.

 

 Sec. 12-65e. Agreements to fix assessments during, and defer increases following, rehabilitation or construction. Required provisions. Any municipality which has adopted a resolution, in accordance with the provisions of section 12-65d, designating such municipality or any part thereof as a rehabilitation area, may, upon application of the owner of any real property located in such area who agrees to rehabilitate such property or construct new multifamily rental housing or cooperative housing on such property, enter into an agreement to fix the assessment of the property, during the period of rehabilitation or construction, as of the date of the agreement, but for not longer than seven years, and upon completion of such rehabilitation or construction, to defer any increase in assessment attributable to such rehabilitation or construction for a period not to exceed eleven years, contingent upon the continued use of the property for the purposes specified in the agreement, provided such property meets the criteria established by such municipality in accordance with section 12-65d and provided further such deferral shall be determined as follows: For the first year following completion of such rehabilitation or construction, the entire increase shall be deferred; thereafter a minimum of ten per cent of the increase shall be assessed against the property each year until one hundred per cent of such increase has been so assessed. The agreement shall provide that, in the event of a general revaluation by the municipality in the year in which such rehabilitation or construction is completed resulting in any increase in the assessment on such property, only that portion of the increase resulting from such rehabilitation or construction shall be deferred; and in the event of a general revaluation in any year after the year in which such rehabilitation or construction is completed, such deferred assessment shall be increased or decreased in proportion to the increase or decrease in the total assessment on such property as a result of such general revaluation. Such agreement shall further provide that such rehabilitation or construction shall be completed by a date fixed by the municipality and that the completed rehabilitation or construction shall be subject to inspection and certification by the local building official as being in conformance with the criteria established under section 12-65d and such provisions of the state building and health codes and the local housing code as may apply. Any such tax deferral shall be contingent upon the continued use of the property for those purposes specified in the agreement creating such deferral and such deferral shall cease upon the sale or transfer of the property for any other purpose unless the municipality shall have consented thereto.


 

Sec. 12-65f. Appeal. Any person aggrieved by any decision or action, or failure to take action, by a municipality under the provisions of sections 12-65c to 12-65e, inclusive, may appeal within fifteen days of the notice of such decision or action, or in the case of failure to take action, within fifteen days after the expiration of sixty-five days from the date of the submission of the request for action to the legislative body of the municipality, to the superior court for the judicial district in which the municipality lies.

 

 

Title 8 Chapters 124 to 138k
(Secs. 8-1 to 8-438) 
Zoning, Planning, Housing, Economic and Community Development and Human Resources

 

Municipal Planning Commissions

 

Sec. 8-24. Municipal improvements.  Sec. 8-24. Municipal improvements. No municipal agency or legislative body shall (1) locate, accept, abandon, widen, narrow or extend any street, bridge, parkway or other public way, (2) locate, relocate, substantially improve, acquire land for, abandon, sell or lease any airport, park, playground, school or other municipally owned property or public building, (3) locate or extend any public housing, development, redevelopment or urban renewal project, or (4) locate or extend public utilities and terminals for water, sewerage, light, power, transit and other purposes, until the proposal to take such action has been referred to the commission for a report. Notwithstanding the provisions of this section, a municipality may take final action approving an appropriation for any proposal prior to the approval of the proposal by the commission pursuant to this section. The failure of the commission to report within thirty-five days after the date of official submission of the proposal to it for a report shall be taken as approval of the proposal. In the case of the disapproval of the proposal by the commission the reasons therefor shall be recorded and transmitted to the legislative body of the municipality. A proposal disapproved by the commission shall be adopted by the municipality or, in the case of disapproval of a proposal by the commission subsequent to final action by a municipality approving an appropriation for the proposal and the method of financing of such appropriation, such final action shall be effective, only after the subsequent approval of the proposal by (A) a two-thirds vote of the town council where one exists, or a majority vote of those present and voting in an annual or special town meeting, or (B) a two-thirds vote of the representative town meeting or city council or the warden and burgesses, as the case may be. The provisions of this section shall not apply to maintenance or repair of existing property, buildings or public ways, including, but not limited to, resurfacing of roads.