Sec. 13a-60. Entry upon private property in altering of highways or railroad facilities.
Sec. 13a-98e. Acquisition of land and rights-of-way.
Sec. 13a-98i. Agreements for acceptances and expenditure of funds.
Sec. 13a-124a. Specific service sign on limited access highways. Regulations.
Sec. 13a-60. Entry upon private property in altering of highways or railroad facilities. The commissioner or the commissioner's agent may enter upon private property for the purpose of conducting surveys, inspections or geological investigations for the location, relocation, construction or reconstruction of any proposed or existing highway or railroad facilities. After giving reasonable notice to the property owner or owners affected, the commissioner or the commissioner's agent may also enter private property for the purpose of performing borings, soundings or other tests required to accomplish any of the foregoing objectives with respect to such highways or railroad facilities. The commissioner or the commissioner's agent shall use care so that no unnecessary damage shall result, and the state shall pay damages to the owner of any property from appropriations made to the Department of Transportation for any damage or injury the commissioner or the commissioner's agent causes such owner by such entrance and use. If entry to any property for the purpose of performing borings, soundings or other tests is refused to the commissioner or the commissioner's agent after the commissioner or the commissioner's agent has given reasonable notice to the owner or owners thereof, the commissioner shall assess damages in the manner provided by statute for the taking of land for highway purposes, and, at any time after such assessment has been made by said commissioner, may enter such property for the purpose of performing borings, soundings or other tests. If the owner accepts such assessment of damages, the owner shall notify the commissioner in writing, and said commissioner shall pay such sum to such owner within thirty days or, after the expiration of such thirty days, shall pay such sum with interest at six per cent. If the owner is aggrieved by such assessment, the owner shall notify the commissioner in writing and may appeal to any court within its jurisdiction for a reassessment of such damages within six months from the date said commissioner forwarded such assessment to such owner. This section shall not limit or modify rights of entry upon property otherwise provided for by law.
(1949 Rev., S. 2194; 1958 Rev., S. 13-79; 1961, P.A. 137, S. 1; 1963, P.A. 226, S. 60; 502; February, 1965, P.A. 520, S. 1; 1969, P.A. 768, S. 80; P.A. 25-65, S. 9.)
History: 1961 act deleted provision re commissioner's power to lay out, alter, construct, reconstruct, etc. highways when “interest of the state so requires”; 1963 acts added provisions re entry on private property to perform borings, soundings or other tests and restated previous provisions: See title history; 1965 act added provisions re payment of damages out of appropriations and assessment and appeal procedures, and deleted requirement commissioner apply to superior court for permission to enter where owner refuses entry; 1969 act substituted department of transportation for highway department; P.A. 25-65 added references to railroad facilities and made technical and conforming changes, effective July 1, 2025.
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Sec. 13a-98e. Acquisition of land and rights-of-way. The commissioner may acquire by purchase, gift or condemnation in the name of the state such real property for any federal surface transportation urban program roadway or facility, or rights of access to and egress from land abutting any federal surface transportation urban program roadway or facility, as is necessary to construct and maintain the improvements to any such roadway or facility in the same manner and with like powers as authorized and exercised by said commissioner in acquiring real property or rights of access to and egress from land abutting state highways for highway purposes.
(1969, P.A. 501, S. 6; 1971, P.A. 584, S. 5; P.A. 75-485, S. 5, 8; P.A. 94-188, S. 2, 30; P.A. 25-65, S. 7.)
History: 1971 act included rights of access and egress re federal-aid urban system; P.A. 75-485 deleted reference to extensions of federal-aid primary and secondary systems in urban areas; P.A. 94-188 replaced reference to “the federal-aid urban system” with reference to “any federal surface transportation urban program roadway or facility” and replaced reference to “extensions” with reference to “roadway or facility”, effective June 2, 1994; P.A. 25-65 added “for any federal surface transportation urban program roadway or facility,” and made a technical change, effective July 1, 2025.
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Sec. 13a-98i. Agreements for acceptances and expenditure of funds. (a) The commissioner may enter into agreements for the acceptance and expenditure of funds concerning federal surface transportation urban program roadways or facilities and eligible federal surface transportation rural collector roadways or facilities with the United States Secretary of Transportation or local officials, or both, to develop plans and establish programs for, and construct improvements on or to such roadways or facilities using appropriations made to the Department of Transportation by the General Assembly and apportionments to the Department of Transportation or a municipality by said Secretary of Transportation under the provisions of any act of Congress providing for federal surface transportation funding and all applicable federal regulations. Any municipality becoming a party to an agreement concerning such improvements on locally maintained roadways or facilities shall pay fifty per cent of that portion of the cost thereof, which is not paid by the federal government, including required studies, establishing programs, development of plans, engineering expenses, acquisition of rights-of-way, required municipally-owned utility work and construction activities, provided the municipality may pay up to the entire nonfederal government share on locally maintained roadways or facilities when the commissioner and municipality agree that this action is warranted, necessary and desirable in order to obtain federal funds. The state may pay fifty per cent of that portion of the cost thereof which is not paid by the federal government on locally maintained roadways or facilities and shall pay the entire portion not paid by the federal government on state maintained roadways or facilities.
(b) For locally maintained roadways or facilities, the commissioner and the municipality may agree upon alternate funding percentages.
(1971, P.A. 584, S. 3; P.A. 75-485, S. 3, 8; P.A. 77-342, S. 1, 3; P.A. 78-331, S. 8; P.A. 88-60, S. 1; P.A. 94-188, S. 4, 30; P.A. 99-181, S. 1, 40; P.A. 06-133, S. 10; P.A. 25-65, S. 6.)
History: P.A. 75-485 clarified provisions by replacing reference to acceptance and expenditures of funds as provided in Sec. 13a-98d with detailed provisions specifying sources of funds and apportionment of costs; P.A. 77-342 added proviso re municipality's payment of entire nonfederal share on locally-maintained routes; P.A. 78-331 specified U.S. Secretary of Transportation to avoid confusion with state transportation officials; P.A. 88-60 amended existing section to require municipalities to pay 50% of all municipally-owned utility work and construction activities on locally maintained routes and added Subsec. (b) to allow the commissioner to determine alternate funding percentages for project phases on locally-maintained routes; P.A. 94-188 replaced “said commissioner is authorized to” with “the commissioner may”, replaced references to the “federal-aid urban system” with references to “federal surface transportation urban program roadways or facilities”, replaced reference to federal Highway Act of 1973 with reference to Intermodal Surface Transportation Efficiency Act of 1991, replaced references to “routes” with references to “roadways or facilities”, changed the language in Subsec. (b) to provide for agreement upon alternate funding percentages by the commissioner and the municipality rather than a determination of such percentages by the commissioner and the municipality, and to delete language concerning individual project phases and provision that the total cost to the municipality and state for all project phases combined would remain at the same percentage established pursuant to “this section”, effective June 2, 1994; P.A. 99-181 amended Subsec. (a) by allowing the commissioner to enter into agreements for federal funding of rural collector roadways or facilities and by changing “Intermodal Surface Transportation Efficiency Act of 1991” to “Transportation Equity Act for the 21st Century”, effective June 23, 1999; P.A. 06-133 amended Subsec. (a) to replace “Transportation Equity Act for the 21st Century” with “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)”, effective June 6, 2006; P.A. 25-65 amended Subsec. (a) by adding “or a municipality” re apportionments and replacing “the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for USERS (SAFETEA-LU), all amendments thereto” with “any act of Congress providing for federal surface transportation funding”, effective July 1, 2025.
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Sec. 13a-98m. Definition. As used in sections 13a-98e, 13a-98f and 13a-98i to 13a-98k, inclusive, “federal surface transportation urban program roadway or facility” means any state or locally maintained roadway or facility that is deemed eligible for surface transportation urban program funding in accordance with the provisions of any act of Congress providing for federal surface transportation funding and all applicable federal regulations.
(P.A. 94-188, S. 1, 30; P.A. 00-148, S. 5; P.A. 25-65, S. 8.)
History: P.A. 94-188 effective June 2, 1994; P.A. 00-148 replaced “Intermodal Surface Transportation Efficiency Act of 1991” with “Transportation Equity Act for the 21st Century” and made technical changes; P.A. 25-65 replaced “Transportation Equity Act for the 21st Century, all amendments to said act” with “provisions of any act of Congress providing for federal surface transportation funding”, effective July 1, 2025.
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Sec. 13a-124a. Specific service sign on limited access highways. Regulations. (a) As used in this section, “specific service sign” means a rectangular sign with the word GAS, FOOD, LODGING, CAMPING, ATTRACTION or EV CHARGING or any other word permitted in the Federal Highway Administration's Manual on Uniform Traffic Control Devices for Streets and Highways, as amended from time to time, and exit directional information pertaining to the designated motorist service placed on the sign and upon which is mounted separately attached business sign panels showing the brand, symbol, trademark or name, or any combination of these, for the designated service available on a crossroad at or near an interchange or intersection.
(b) The Commissioner of Transportation may enter into an agreement with a qualifying person or company regarding the erection, maintenance and removal of a specific service sign within the rights-of-way of any portion of a state-maintained limited access highway, except a parkway. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, regarding (1) the design and installation requirements for a specific service sign, (2) the minimum qualifications for a person or company to obtain a specific service sign, (3) the application process to obtain a specific service sign, (4) the financial responsibility of such person or company, and (5) the terms regarding the removal of a specific service sign or revocation of an agreement with such person or company.
(P.A. 83-498; P.A. 84-327, S. 2, 3; P.A. 98-91, S. 2; P.A. 06-196, S. 196; P.A. 21-175, S. 17; P.A. 22-44, S. 33; P.A. 25-65, S. 5.)
History: P.A. 84-327 amended Subsec. (b) to delete provision limiting specific information signs to sparsely settled areas; P.A. 98-91 added Subsec. (c) providing costs of the sign to be divided by the number of permittees on the sign, relettering former Subsec. (c) as (d); P.A. 06-196 made a technical change in Subsec. (b), effective June 7, 2006; P.A. 21-175 amended Subsec. (a) to change term from “specific information sign” to “a specific service sign” and redefine the same, deleted former Subsec. (b) re permits, added new Subsec. (b) re authority of Commissioner of Transportation to enter into agreements and adopt regulations and deleted Subsec. (c) and (d) re reimbursement and regulations, effective July 12, 2021; P.A. 22-44 amended Subsec. (a) to change term from “a specific service sign” to “specific service sign”, effective July 1, 2022; P.A. 25-65 amended Subsec. (a) to redefine “specific service sign”, effective July 1, 2025.
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