Could a Connecticut legislator force a borough to survey a disputed boundary?

Plain-English summary

In February 1995, Connecticut’s AG answered two questions prompted by an alleged boundary dispute in the Borough of Newtown. He identified statutes requiring municipalities to set their boundaries and providing a Superior Court petition procedure for disputes between towns or between boroughs. Because that process was local, he said interested taxpayers should seek guidance from their town attorney on how to pursue the matter. He also noted cases casting doubt on a taxpayer’s ability to force officials to correct a boundary irregularity if those officials declined to act.

The AG gave a direct answer to the second question: a single General Assembly member had no power to compel a political subdivision to survey its boundary. The legislature acting as a whole could enact legislation about a subdivision’s survey duties. The opinion did not establish a private right to demand a survey.

Borough residents and officials at the time

The opinion pointed to the municipal boundary statutes and the court petition procedure for disputes between municipalities. It did not decide whether the Newtown boundary was in fact uncertain or order a survey.

Legislators at the time

A member acting alone could not impose the survey duty. Any new general duty would have required legislative action.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could one state representative order a borough boundary survey?
A: No. The AG said an individual legislator lacked that power.

Q: Did the opinion give taxpayers a way to compel a borough survey?
A: It did not. The AG pointed to local counsel for guidance and noted cases that cast doubt on a taxpayer’s power to compel officials to correct a boundary irregularity.

Q: How did Connecticut law address disputes between towns or boroughs?
A: The opinion described a Superior Court petition by local officials under the then-current boundary dispute statute.

Background and statutory framework

The AG read Conn. Gen. Stat. § 7-113 as requiring municipalities to set their boundaries and § 7-115 as supplying the petition process for intermunicipal disputes. He distinguished that process from the power of one legislator to command a survey.

Citations and references

Statutes: Conn. Gen. Stat. § 7-113; Conn. Gen. Stat. § 7-115.

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/1995-formal-opinions/honorable-robert-m-ward-legislative-office-building-rm-4200-1995007-formal-opinion-attorney-general

Original opinion text

Honorable Robert M. Ward, Legislative Office Building, Rm 4200, 1995-007 Formal Opinion, Attorney General of Connecticut

Attorney General's Opinion

Attorney General, Richard Blumenthal

February 9, 1995

Honorable Robert M. Ward

House Minority Leader

Legislative Office Building, Rm 4200

Hartford, CT 06106

Dear Representative Ward:

In a letter dated August 16, 1994, Representative Krawiecki, then House Minority Leader, requested that this office answer two questions regarding an alleged boundary dispute in the Borough of Newtown. We now reply to your attention.

1. His first question asked:

What is the appropriate method for taxpayers who assert that the boundaries of a political subdivision of the state are unknown or inadequately marked to compel that entity to conduct a survey of its boundary?

We note that Conn. Gen. Stat. § 7-113 requires each municipality to set its boundaries. Further Conn. Gen. Stat. § 7-115 establishes a mechanism in the instance where there is a boundary dispute between towns or between boroughs. The statutory procedure calls for a petition to be filed in the Superior Court by local officials seeking a resolution of the boundary dispute. Since the process is local in nature, legal guidance on this matter should, more appropriately, be sought by interested taxpayers from their town attorney. See Ops. Conn. Atty. Gen. April 20, 1972; November 2, 1972; August 22, 1974; September 3, 1974; December 15, 1988.1

2. His second question asked:

Does an individual member of the General Assembly have the power to compel a political subdivision such as a borough to survey its boundary?

We answer that an individual member of the General Assembly does not have the power to compel a political subdivision of the state to survey its boundaries. The legislature acting as a whole, however, may pass legislation regarding the duties of a political subdivision in regard to boundary surveys. See Romanowski, 10 Conn. App. 85.

We trust these answers are of assistance.

Very truly yours,

Richard Blumenthal

Attorney General

Henry S. Cohn

Assistant Attorney General

1 We would point out that two cases cast doubt on the ability of a taxpayer to compel town or borough authorities to correct irregularities in a boundary, when municipal officials decline to take such action. See Town of Suffield v. Town of East Granby, 52 Conn. 175 (1884); Romanowski v. Foley, 10 Conn. App. 80 (1987).