Objection to Declaration of Taking - Connecticut

OBJECTION TO THE TAKING AND APPLICATION FOR REASSESSMENT / REVIEW OF THE STATEMENT OF COMPENSATION — CONNECTICUT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Grounds for Objection to the Taking
4. Application for Reassessment / Review of the Statement of Compensation
5. Deposit, Withdrawal Without Prejudice, and Inadequacy of Compensation
6. Reservation of Just Compensation, Severance Damages, and Costs/Fees
7. Right-to-Take Challenge by Separate Action; Demand for Hearing
8. Prayer for Relief
9. Verification
10. Signature and Service
11. Certificate of Service
12. Connecticut Practice Notes
13. Sources and References

1. CAPTION

SUPERIOR COURT, JUDICIAL DISTRICT OF [________________________________]

AT [________________________________], CONNECTICUT

Docket No. [________________________________]

APPLICATION FOR REASSESSMENT OF DAMAGES (CONN. GEN. STAT. § 13a-76) / APPLICATION FOR REVIEW OF STATEMENT OF COMPENSATION (CONN. GEN. STAT. § 8-132) AND OBJECTION TO THE TAKING

2. INTRODUCTION

Applicant(s) [OWNER NAME(S)] ("Owner"), owner(s) of an interest in the real property described in Exhibit A (the "Subject Property"), by and through undersigned counsel, respectfully apply for reassessment/review and object to the taking, and state:

2.1. On [__/__/____], [CONDEMNOR NAME] ("Condemnor") effected a taking of the Subject Property by:

• ☐ filing an assessment of damages and benefits with the clerk of this Court and recording a certificate of taking, and depositing the assessed damages (Conn. Gen. Stat. §§ 13a-73, 13a-74) [STATE HIGHWAY / DOT]; or
• ☐ filing a statement of compensation with the clerk of this Court and the town clerk, depositing that amount, and causing a certificate of taking to be recorded, upon which title vested (Conn. Gen. Stat. §§ 8-129, 8-130; via § 48-12) [MUNICIPAL / REDEVELOPMENT].

2.2. The Condemnor's assessment / statement of compensation set damages at $[____________], which was deposited with the clerk of the Superior Court.

2.3. Connecticut has no federal-style "declaration of taking." Title vested on the filing/recording described above, before just compensation has been finally determined. Owner's statutory remedy as to compensation is this application for reassessment (§ 13a-76) / review (§ 8-132), which must be filed within six months after the assessment/statement of compensation was filed.

2.4. The assessment/statement of compensation was filed on [__/__/____]. This application is filed within six months of that date and is therefore timely.

3. GROUNDS FOR OBJECTION TO THE TAKING

Owner objects to the taking on the following grounds (check all that apply). NOTE: In Connecticut, §§ 13a-76 / 8-132 reassess only DAMAGES; objections to the RIGHT TO TAKE must be pressed by a separate action (see Section 7). These grounds are stated here to frame the dispute and to preserve them for the appropriate vehicle:

3.1. Lack of Authority / Right to Take

☐ The Condemnor lacks statutory or constitutional authority to acquire the Subject Property, or the interest sought, or exceeded its delegated authority (Conn. Gen. Stat. ch. 835; § 48-6; § 13a-73).

3.2. Lack of Public Use / Public Purpose

☐ The taking does not serve a public use under Conn. Const. art. first, § 11 and the Fifth and Fourteenth Amendments; the stated public use is pretextual or primarily benefits a private party.

3.3. Lack of Necessity

☐ The taking of the Subject Property, or its extent/configuration, is not reasonably necessary for the project; the Condemnor acted in bad faith or abused its discretion.

3.4. Excessive Taking

☐ The Condemnor took more property, or a greater interest, than is reasonably necessary; the taking should be set aside or limited in the separate right-to-take action.

3.5. Procedural / Notice / Deposit Defects

☐ The taking is defective for one or more of the following:

• ☐ Defective or insufficient property description in the assessment/statement of compensation
• ☐ Failure to name, notify, or serve all persons with a record interest (§ 8-129; § 13a-73)
• ☐ Defective or untimely notice / return of notice; defective certificate of taking
• ☐ State Properties Review Board approval not obtained where required (§ 13a-73)
• ☐ Other: [________________________________]

3.6. Inadequacy of the Deposit / Assessed Compensation

☐ The assessed damages / statement of compensation ($[____________]) is grossly inadequate and below fair market value. (This is the core of the reassessment/review remedy — Section 4.)

3.7. Defective Offer / Failure to Negotiate

☐ The Condemnor failed to negotiate in good faith or to establish inability to agree before taking, a condition precedent to relief under the statute.

3.8. Reservation

☐ Owner reserves the right to assert additional objections and defenses that discovery may reveal, and to pursue the right-to-take grounds by separate action.

4. APPLICATION FOR REASSESSMENT / REVIEW OF THE STATEMENT OF COMPENSATION

4.1. Owner is aggrieved by the Condemnor's assessment of damages / statement of compensation and applies under Conn. Gen. Stat. § 13a-76 (DOT) / § 8-132 (redevelopment/municipal) for a reassessment / review of the damages so far as they affect Owner.

4.2. Owner requests that the Court hear the application or appoint a judge trial referee to make the reassessment, give the statutory notice to the parties, take evidence (and view the land), and reassess the damages to reflect the true fair market value of the Subject Property and all compensable damage.

4.3. The Condemnor's assessment of $[____________] is materially below just compensation. The correct measure is set out in Section 6.

4.4. ☐ Owner requests that, if the reassessment exceeds the Condemnor's assessment, the Court award Owner reasonable appraisal fees as provided by Conn. Gen. Stat. § 13a-76.

5. DEPOSIT, WITHDRAWAL WITHOUT PREJUDICE, AND INADEQUACY OF COMPENSATION

5.1. The Condemnor deposited the assessed amount with the clerk of the Superior Court (§ 13a-74 / § 8-130). That deposit represents the Condemnor's own valuation; it is not just compensation and is contested as inadequate.

5.2. Withdrawal without prejudice. Owner may apply to withdraw the deposited sum as the undisputed minimum due. To avoid any argument of waiver:

• ☐ Owner withdraws the deposit WITHOUT PREJUDICE to this application for reassessment/review and to any separate right-to-take action; OR
• ☐ Owner defers withdrawal pending resolution of the right-to-take action.

5.3. Withdrawal of the deposit does not bar the reassessment claim for greater compensation — that is the purpose of §§ 13a-76 / 8-132. Any reassessed amount in excess of the deposit shall be paid with interest from the date of taking, and any deposit withdrawn is credited against the final award.

6. RESERVATION OF JUST COMPENSATION, SEVERANCE DAMAGES, AND COSTS/FEES

6.1. Owner seeks full just compensation as of the date of taking, including:

6.2. Owner is entitled to interest on any reassessed amount exceeding the deposit from the date of taking, and reserves appraisal fees under § 13a-76, costs as allowed by law, reimbursement on failure/abandonment of the proceeding (Conn. Gen. Stat. § 48-17a), and relocation assistance benefits (Conn. Gen. Stat. § 8-266 et seq.; 42 U.S.C. § 4601 et seq.).

7. RIGHT-TO-TAKE CHALLENGE BY SEPARATE ACTION; DEMAND FOR HEARING

7.1. Because §§ 13a-76 / 8-132 adjudicate only damages, Owner expressly reserves and intends to pursue the right-to-take objections in Section 3 by a separate action (e.g., to enjoin or set aside the taking, or by administrative appeal/declaratory relief), brought as promptly as practicable, ideally before or contemporaneously with vesting.

7.2. ☐ Owner requests a hearing before the Court or a judge trial referee on this application for reassessment/review, after the statutory notice (§ 13a-76: at least ten days' notice of the time and place of hearing).

7.3. No jury. Owner acknowledges that condemnation damages in Connecticut are determined by the court or a judge trial referee, not a jury.

8. PRAYER FOR RELIEF

WHEREFORE, Owner respectfully requests that the Court:

1. ☐ Accept this application for reassessment of damages (§ 13a-76) / review of the statement of compensation (§ 8-132) as timely filed within six months;

2. ☐ Hear the application or appoint a judge trial referee, take evidence and view the land, and reassess the damages to reflect full just compensation of not less than $[____________];

3. ☐ Award interest from the date of taking on any amount exceeding the deposit, and reasonable appraisal fees under § 13a-76;

4. ☐ Permit Owner to withdraw the deposit without prejudice to this application and to any separate right-to-take action;

5. ☐ Preserve Owner's right to challenge the right to take, public use, necessity, and the validity of the taking by separate action;

6. ☐ Award costs as allowed by law and reimbursement under § 48-17a if the proceeding fails or is abandoned; and

7. ☐ Grant such other and further relief as the Court deems just and proper.

9. VERIFICATION

STATE OF CONNECTICUT

COUNTY OF [________________________________]

I, [OWNER NAME], being duly sworn, state that I am the Applicant/Owner (or an authorized representative) in this matter, that I have read the foregoing Application and Objection, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[OWNER NAME]

Subscribed and sworn to before me on [__/__/____].

[________________________________]

Commissioner of the Superior Court / Notary Public — My commission expires: [__/__/____]

10. SIGNATURE AND SERVICE

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Juris No. [________]

Attorney for Applicant(s) / Property Owner(s)

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER] | Email: [EMAIL]

11. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing APPLICATION FOR REASSESSMENT / REVIEW AND OBJECTION TO THE TAKING was served on all counsel and parties of record by the method indicated below, in accordance with the Connecticut Practice Book:

☐ Connecticut E-Services (electronic filing)
☐ U.S. Mail, postage prepaid
☐ Hand delivery
☐ Certified mail, return receipt requested
☐ Other: [________________________________]

Counsel for Condemnor (Office of the Attorney General / Municipal Counsel): [________________________________]

[________________________________]

(Signature) [________________________________]

12. CONNECTICUT PRACTICE NOTES

• No "declaration of taking"; vesting on deposit. Connecticut condemns by filing an assessment of damages (DOT, § 13a-73) or statement of compensation (redevelopment/municipal via § 48-12 and §§ 8-129/8-130) plus a deposit; a certificate of taking is recorded and TITLE VESTS on that filing/recording — before compensation is finally determined (§ 8-129 vests fee simple in the municipality on recording).
• Six-month reassessment deadline (the key date). The owner's compensation remedy is an application for reassessment (§ 13a-76) or review of the statement of compensation (§ 8-132), filed in the Superior Court for the judicial district where the land lies WITHIN SIX MONTHS of the filing of the assessment/statement. Miss it and the compensation remedy is lost.
• Reassessment is about money, not the right to take. §§ 13a-76 / 8-132 reassess DAMAGES only and do not stop the project ("shall not prevent or delay" the improvement — § 13a-76). To challenge authority, public use, necessity, excessive taking, or procedural validity, the owner must bring a SEPARATE action (injunction / set-aside / appeal), and should do so promptly, ideally before vesting.
• No jury. Reassessment/review is decided by the court or a judge trial referee; there is no jury for condemnation damages in Connecticut.
• Deposit withdrawal. The deposit is the condemnor's valuation. Connecticut has no § 1255.260-style "withdrawal waives all defenses" rule; withdrawing the deposit is consistent with seeking MORE via reassessment, but withdraw "without prejudice" to any right-to-take action and verify current case law.
• Appraisal fees / interest. If the reassessment exceeds the condemnor's assessment, the court awards the owner reasonable appraisal fees (§ 13a-76); interest runs on the excess from the date of taking. There is no broad prevailing-party attorney-fee statute; § 48-17a allows owner reimbursement if the proceeding fails or is abandoned.
• Measure of damages. Fair market value in the owner's hands at the time of taking, plus severance damages to the remainder, offset only by special (not general) benefits.
• FLAG — verify: Confirm whether the taking proceeded under the DOT track (§§ 13a-73/13a-74/13a-76) or the municipal/redevelopment track (§§ 8-129/8-130/8-132 via § 48-12), as the operative section and notice mechanics differ. Confirm State Properties Review Board approval for DOT takings (§ 13a-73). Verify the exact filing date that starts the six-month clock.

13. SOURCES AND REFERENCES

• U.S. Const. amends. V, XIV; Conn. Const. art. first, § 11
• Conn. Gen. Stat. ch. 835 (Eminent Domain) — https://www.cga.ct.gov/current/pub/chap_835.htm
• Conn. Gen. Stat. § 48-12 (procedure; proceed under §§ 8-128 to 8-133) — https://www.lawserver.com/law/state/connecticut/ct-laws/connecticut_statutes_48-12
• Conn. Gen. Stat. § 48-17a (reimbursement on failure/abandonment)
• Conn. Gen. Stat. § 13a-73 (DOT acquisition; assessment; certificate of taking) — https://law.justia.com/codes/connecticut/title-13a/chapter-238/section-13a-73/
• Conn. Gen. Stat. § 13a-74 (deposit of assessed damages)
• Conn. Gen. Stat. § 13a-76 (reassessment of damages; six-month application; appraisal fees) — https://law.justia.com/codes/connecticut/title-13a/chapter-238/section-13a-76/
• Conn. Gen. Stat. § 8-129 (statement of compensation; certificate of taking; title vests) — https://www.lawserver.com/law/state/connecticut/ct-laws/connecticut_statutes_8-129
• Conn. Gen. Stat. § 8-130 (deposit with clerk of Superior Court) — https://law.justia.com/codes/connecticut/title-8/chapter-130/section-8-130/
• Conn. Gen. Stat. § 8-132 (judicial review of statement of compensation; six-month application) — https://law.justia.com/codes/connecticut/title-8/chapter-130/section-8-132/
• "Procedures in Eminent Domain Appeals," CT OLR Report 99-R-0749 — https://www.cga.ct.gov/PS99/rpt/olr/htm/99-R-0749.htm

Disclaimer: This template is for informational purposes only and is not legal advice. Connecticut has no federal-style "declaration of taking"; title vests on the condemnor's filing/recording of a certificate of taking plus deposit, and the owner's compensation remedy is an application for reassessment (§ 13a-76) or review of the statement of compensation (§ 8-132) filed WITHIN SIX MONTHS — decided by the court or a judge trial referee, with NO jury. Right-to-take challenges require a separate action. An attorney licensed in Connecticut must review and customize this document, and verify the operative track, deadlines, and authorities, before filing.