“Like many Connecticut residents, I would have preferred to see a law passed that outright bans eminent domain unless absolutely necessary to achieve a necessary public purpose, such as building a needed school or a road. Even then, I believe that eminent domain should be used as an absolute last resort when all other options have been exhausted. However, the legislation we passed today provides Connecticut property owners with significantly more protection than they currently have, and I am pleased to support it,” said Senator Fasano.

The legislation, SB 167, An Act Revising The Process For The Taking Of Real Property By Municipalities For Redevelopment And Economic Development, is subject to further action by the House of Representatives. Senator Fasano offered several amendments that would have provided additional, stronger, protections for private property owners, all of which were defeated.

“I am disappointed that the Senate rejected our Republican amendments that would have further protected property owners by narrowly defining what is, and what is not, blight for the purposes of eminent domain, that would have put the burden of proof for defending a decision to take property on municipalities, establishing strong requirements for appraising property to be taken by eminent domain, strengthening the requirements for redevelopment plans in which eminent domain plays a part, severely restricting the ability to take owner-occupied property. It is my hope that the General Assembly will reconsider these issues at some point in the future,” said Senator Fasano.

The legislation passed by the Senate Thursday establishes a process under which elected municipal officials, as opposed to appointed members of redevelopment agencies, must approve the taking of property by eminent domain. The bill makes provisions for manufacturing and relocation assistance; outlines the requirements for taking property to alleviate blight; requires that notice of redevelopment plans involving eminent domain be given all area property owners, including those whose property is not slated for taking; and establishes an appeals process for affected property owners.

“This is not perfect legislation, but it provides Connecticut property owners with more protection, and with significantly more peace of mind than they currently have. It is a step in the right direction,” said Senator Fasano.