CGS § 25-98a. Taking or acquisition of certain municipal property by the Department of Energy and Environmental Protection for flood control and protection. Requirements. Removal or relocation of public service facility. Order.

(a) Notwithstanding any provision of the general statutes, the Commissioner of the Department of Energy and Environmental Protection may acquire, in the name of the state and for flood control and protection and associated public purposes, not more than 25.7 acres of real property, or interests or rights therein, by purchase, gift, devise or exchange, or may take the same by eminent domain in the manner provided in part IV of chapter 238, provided: (1) Such acquisition occurs prior to October 1, 2034; (2) the owner of any private property taken by eminent domain pursuant to this section shall be entitled to challenge the amount of compensation in accordance with section 13a-76; and (3) such property or interest therein is located in a municipality that was incorporated in 1836 and has a population between one hundred forty thousand and one hundred fifty thousand as reported in the 2010 federal decennial census and is necessary to construct a disaster relief, long-term recovery or infrastructure restoration project funded in 2016 by the Community Development Block Grant-National Disaster Resilience program, 81 CFR 36557.

(b) Whenever the Commissioner of the Department of Energy and Environmental Protection determines that the construction, operation, maintenance, repair or reconstruction of the property described in subdivision (3) of subsection (a) of this section or the flood control and protection improvements thereon, would necessitate the readjustment, relocation or removal of a public service facility, as defined in section 13a-126, the commissioner may issue a readjustment, relocation or removal order to the company, corporation or municipality owning or operating such public service facility and such company, corporation or municipality shall readjust, relocate or remove such public service facility promptly, in accordance with such order, provided an equitable share of the cost of such readjustment, relocation or removal, including the cost of installing and constructing a public service facility of equal capacity in a new location, shall be borne by the state, within available appropriations, and calculated in accordance with section 13a-126, as applied to state highways other than limited access highways.