Sec. 47-42e. Municipal property acquired with intent to place restriction or dedicated as park or open space land. Recording in land records. Enforcement.
321 words·~1 min read·
/ct/title-47/chapter-822-easements-and-restrictions/47-42e·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For purposes of this section:
(1)“Conservation restriction” has the same meaning as provided in section 47-42a ;
(2)“Preservation restriction” has the same meaning as provided in section 47-42a ; and
(3)“Open space land” has the same meaning as provided in section 12-107b .
(b)Whenever a municipality acquires any real property with the intent to place a conservation restriction, preservation restriction or other restriction on the use of such property, including acquiring property with funds specifically allocated for a conservation or preservation purpose, such municipality shall record in the land records a description of any such restriction and any applicable source of such restriction, including, but not limited to, the date of the referendum or local legislative body action that authorized such acquisition contingent upon certain use restrictions and the source of the funding for the acquisition of such property if such funding restricted the use of such property.
(c)Whenever a municipality intends to permanently protect any municipal property by dedicating such property as a park or open space land, such municipality shall record in the land records a description of such property, the date of such dedication and the local legislative body action that authorized such dedication.
(d)The failure of a municipality to comply with the provisions of subsection
(b)or
(c)of this section shall not be evidence of the lack of any such conservation restriction, preservation restriction or open space land dedication.
(e)Nothing in this section shall be construed to amend or alter any other legal right or obligation of a municipality concerning open space land or park land.
(f)If a municipality fails to comply with a dedication of land as open space land or park land or the terms of a conservation or preservation restriction, the Attorney General may bring an action in the superior court to enforce the public interest in such dedication or conservation or preservation restriction.