Just Compensation Demand - Connecticut

DEMAND FOR JUST COMPENSATION — CONNECTICUT

1. INTRODUCTION AND PURPOSE

This letter is a formal demand for just compensation made on behalf of [OWNER NAME] ("Owner"), the owner of the real property described below (the "Property"), in connection with the proposed acquisition of all or part of the Property by [CONDEMNING AUTHORITY] ("Condemnor") for the [PROJECT] (the "Project").

The Owner submits this demand to document the Owner's good-faith valuation and to advance negotiation before the Condemnor files a statement of compensation / assessment and deposits its determination of damages. The demand also frames the Owner's anticipated application for reassessment (Conn. Gen. Stat. § 13a-76 for highway takings; § 8-132 for redevelopment takings) if the Condemnor's assessment is inadequate. The Owner reserves all rights described in Section 8.

2. IDENTIFICATION OF THE PROPERTY AND THE TAKING

3. GOVERNING JUST-COMPENSATION STANDARD IN CONNECTICUT

3.1. Constitutional basis. Article first, § 11 of the Connecticut Constitution provides that "[t]he property of no person shall be taken for public use, without just compensation therefor."

3.2. Measure of damages — fair market value. The rule of damages is the fair market value of the real property condemned, i.e., the price a willing buyer would pay a willing seller, neither under compulsion, both reasonably informed (Conn. Gen. Stat. § 13a-73; Connecticut case law). The fact that a business is in operation on the land may enhance its market value.

3.3. Partial takings — before-and-after rule. For a partial taking, just compensation is measured by the difference between the fair market value of the entire parcel before the taking and the fair market value of the remainder after the taking, which captures severance damages to the remainder, offset by any special benefit the Project confers on the remainder.

3.4. Procedure and reassessment.

• Highway takings (§§ 13a-73, 13a-74, 13a-76): the Commissioner assesses damages/benefits, files the assessment with the Superior Court clerk, and deposits the sum; title vests. An aggrieved owner may apply for reassessment within six months (§ 13a-76).
• Redevelopment takings (§§ 8-128 to 8-133): the agency files a statement of compensation and deposit (§ 8-129), title vests (§ 8-130), and the owner may appeal/seek reassessment of compensation (§ 8-132).

3.5. Interest. The Owner is entitled to interest on any sum due above the deposit, at the statutory rate (Conn. Gen. Stat. § 37-3a) or as the court determines.

4. OWNER'S VALUATION AND ITEMIZED DEMAND

Based on the appraisal and analysis described in Section 5, the Owner's good-faith valuation is:

5. APPRAISAL SUPPORT

This demand is supported by:

☐ Appraisal report of [APPRAISER NAME], [CERTIFICATION/LICENSE], dated [__/__/____], opining a value of $[____________] (Exhibit B)

☐ Comparable sales analysis ☐ Income capitalization approach ☐ Cost approach ☐ Engineering / site plan ☐ Survey ☐ Photographs

6. STATUTORY LEVERAGE — REASSESSMENT AND APPRAISAL-FEE RECOVERY

6.1. Reassessment as the owner's remedy. If the Condemnor's deposited assessment is inadequate, the Owner will apply to the Superior Court for reassessment — for a highway taking under Conn. Gen. Stat. § 13a-76 (within six months of the filing of the assessment), or for a redevelopment taking under § 8-132. On reassessment, the court (or a judge trial referee) takes evidence of fair market value and reassesses damages and benefits.

6.2. Mandatory appraisal-fee recovery (§ 13a-76). Where the reassessment of damages awarded to the Owner exceeds the Commissioner's assessment, the court or judge trial referee shall award the Owner reasonable appraisal fees. The Owner intends to seek such fees.

6.3. Attorney fees (note). Connecticut follows the American Rule; the owner's attorney fees are generally not recoverable as of right in a condemnation reassessment. The principal statutory cost-shift available to the Owner is the appraisal-fee recovery under § 13a-76 (and analogous redevelopment provisions). Confirm any contrary fee authority before relying on it.

7. DEMAND AND RESPONSE DEADLINE

The Owner demands payment of just compensation in the total amount of $[____________].

The Owner requests a written response within [____] days of receipt, including (a) the Condemnor's appraisal and the basis for its proposed assessment, (b) a written explanation of any disagreement, and (c) a revised offer or assessment. If the Condemnor proceeds to deposit an inadequate sum, the Owner will timely apply for reassessment and will seek appraisal fees under § 13a-76.

8. RESERVATION OF RIGHTS

The Owner expressly reserves all rights, including the right to:

1. ☐ Apply for reassessment of damages (Conn. Gen. Stat. § 13a-76 / § 8-132);
2. ☐ Contest the Condemnor's authority, the public use, and the necessity of the taking;
3. ☐ Seek severance damages and to dispute any claimed special benefit;
4. ☐ Recover statutory interest (§ 37-3a) and reasonable appraisal fees (§ 13a-76);
5. ☐ Withdraw any deposit without prejudice to claiming a greater amount;
6. ☐ Claim relocation benefits and assistance under applicable state and federal law; and
7. ☐ Amend or supplement this demand on further appraisal or information.

Nothing in this demand constitutes a waiver, an admission, or an agreement to any valuation.

9. SIGNATURE

Respectfully submitted,

[________________________________]

[OWNER NAME / AUTHORIZED REPRESENTATIVE]

OR, if represented by counsel:

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Juris No. [________]

Attorney for Owner

[ADDRESS] | [CITY, STATE ZIP]

Telephone: [NUMBER] | Email: [EMAIL]

Date: [__/__/____]

10. CONNECTICUT PRACTICE NOTES

• Measure of compensation. Fair market value of the real property condemned (Conn. Gen. Stat. § 13a-73; case law). Partial takings use the before-and-after method, capturing severance and offsetting special benefit.
• Deposit-and-reassess structure. The condemnor files an assessment/statement of compensation and deposits the sum, and title vests; the owner's primary remedy is REASSESSMENT — within six months for highway takings (§ 13a-76) and under § 8-132 for redevelopment takings. Calendar these deadlines carefully.
• Appraisal-fee recovery (leverage). § 13a-76 makes an award of reasonable APPRAISAL FEES mandatory when the reassessment exceeds the commissioner's assessment. This is the key cost-shift.
• Attorney fees (limited). Connecticut follows the American Rule; the owner's attorney fees are generally not recoverable as of right. Do not represent otherwise without specific authority.
• No separate business damages (UNSETTLED / DISTINCTIVE). Unlike Florida, Connecticut does not award separate business damages/lost profits; an operating business may enhance market value but is not a distinct compensable item. Verify before asserting any business-loss claim.
• Acquiring statute matters. Identify whether the taking is by DOT (§ 13a-73), a municipality/redevelopment agency (§§ 8-128 to 8-133), or another condemnor under § 48-1 et seq.; the procedures and reassessment routes differ.

11. SOURCES AND REFERENCES

• Conn. Const. art. first, § 11
• Conn. Gen. Stat. § 13a-73 — https://www.cga.ct.gov/current/pub/chap_238.htm
• Conn. Gen. Stat. § 13a-76 (reassessment; appraisal fees) — https://codes.findlaw.com/ct/title-13a-highways-and-bridges/ct-gen-st-sect-13a-76/
• Conn. Gen. Stat. §§ 8-128 to 8-133 (redevelopment) — https://www.cga.ct.gov/current/pub/chap_130.htm
• Conn. Gen. Stat. ch. 835 (Eminent Domain, § 48-1 et seq.) — https://www.cga.ct.gov/current/pub/chap_835.htm
• Conn. Gen. Stat. § 37-3a (interest)

EXHIBIT A — LEGAL DESCRIPTION

[________________________________]

EXHIBIT B — APPRAISAL SUMMARY

(Attach appraisal report or summary.)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Connecticut must review and customize this document before use, and valuation must be supported by a qualified appraiser. Laws, citations, and rates change frequently; verify all authorities before use.