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House Bill No. 5328

PUBLIC ACT NO. 96-249

AN ACT CONCERNING THE LAND BANK AND LAND TRUST PROGRAM, THE CONVEYANCE OF CERTAIN PARCELS OF STATE LAND AND ADVERSE POSSESSION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 8-214d of the general statutes, as amended by section 1 of public act 95-250 and section 4 of public act 95-296, is repealed and the following is substituted in lieu thereof:

(a) The state, acting by and in the discretion of the Commissioner of Economic and Community Development, may contract with a nonprofit corporation for state financial assistance in the form of a state grant-in-aid, loan or deferred loan to such corporation on such terms and conditions as the commissioner may prescribe. Such grant-in-aid, loan or deferred loan shall be used by such corporation to acquire, hold and manage real property for the purpose of providing for existing and future housing needs of very low, low and moderate income families. In the case of a deferred loan, the contract shall require that payments on interest are due currently but that payments on principal may be made at a later time. The commissioner may prescribe the terms and conditions by which real property acquired under this section shall be either held for the existing and future housing needs of very low, low and moderate income families or placed in a community land trust, except that such terms and conditions, in the discretion of the commissioner and with the approval of the State Bond Commission, may be subordinated in the case of a subsequent first mortgage or a requirement of a governmental program relating to such real property. Ancillary housing-related services may be located on such real property. The commissioner shall give notice of an application for financial assistance under this section which would complete a partially constructed housing development to the chief executive official of the municipality in which the real property is located. A nonprofit corporation holding title to such real property, with or without structures, may lease such real property to very low, low and moderate income families, limited equity cooperatives or other corporations, provided that the terms of any such lease shall require that such real property be developed and used solely for the purpose of housing for very low, low and moderate income families. The lessee may hold title to any building or improvement situated on real property acquired with financial assistance made under this section, provided the nonprofit corporation holding title to such real property shall have first option to purchase any building or improvement that the lessee may place on such real property at a below-market price set forth in such lease. The legitimate heirs of any such lessee shall have the right under such lease to assume the lease upon the death of such lessee if the lessee is a natural person and if such heirs agree to make the leased premises their principal residence.

(b) A nonprofit corporation holding title to real property acquired with state financial assistance made under this section may convey title to structures and improvements situated upon such real property to very low, low and moderate income families, limited equity cooperatives or other corporations, provided (1) the terms and conditions of any instrument conveying such title requires that such structures and improvements be developed and used solely for the purpose of housing for very low, low or moderate income families, except that such terms and conditions, in the discretion of the commissioner and with the approval of the State Bond Commission, may be subordinated in the case of a subsequent first mortgage or a requirement of a governmental program relating to such real property, (2) the nonprofit corporation retains title to the real property upon which such structures and improvements are situated, and (3) the nonprofit corporation shall have first option to purchase any structures and improvements transferred at a below-market price agreed to at the time of such transfer. A nonprofit corporation holding title to real property acquired with state financial assistance made under this section for which a declaration of condominium has been filed may transfer the units in such condominium to very low, low or moderate income families in accordance with chapter 828, subject to deed restrictions, acceptable to the commissioner, requiring that the units be used solely for the purpose of housing for very low, low and moderate income families, provided the nonprofit corporation shall have first option to purchase the unit at a below-market price agreed to at the time of acquisition of the unit by the family.

(c) A nonprofit corporation existing on or after October 1, 1991, and holding title to real property acquired with state financial assistance made under this section may convey title to such real property, with the approval of the commissioner, to a community land trust corporation. A nonprofit corporation holding title to real property which has been acquired with state financial assistance under this section for the existing and future needs of very low, low or moderate income families, may, with the approval of the commissioner, convey title to such real property to another nonprofit corporation.

(d) A nonprofit corporation existing on or after October 1, 1991, and holding title to real property acquired with state financial assistance made under this section, may lease such real property, with the approval of the commissioner, to a partnership, as defined in section 34-44, or a limited partnership, as defined in section 34-9, provided the nonprofit corporation has a material role in such partnership or limited partnership. The terms of any such lease shall require that such real property be developed and used solely for the purpose of housing for very low, low and moderate income families. The lessee may hold title to any building or improvement situated on real property acquired with financial assistance made under this section, provided the nonprofit corporation holding title to such real property shall have first option to purchase any building or improvement that the lessee may place on such real property at a below-market price set forth in the lease.

(e) IF A NONPROFIT CORPORATION FAILS TO DEVELOP THE PROJECT IN ACCORDANCE WITH THE DEVELOPMENT PLAN FOR THE PROJECT AND TITLE TO THE LAND OR INTERESTS IN LAND ACQUIRED WITH STATE FINANCIAL ASSISTANCE UNDER THIS SECTION VESTS IN THE STATE PURSUANT TO A DEFAULT, FORECLOSURE ACTION, DEED-IN-LIEU OF FORECLOSURE, VOLUNTARY TRANSFER, OR OTHER SIMILAR VOLUNTARY OR COMPULSORY ACTION, THE COMMISSIONER MAY, UPON APPROVAL OF THE STATE BOND COMMISSION, CONVEY SUCH LAND OR INTERESTS IN LAND TO THE MUNICIPALITY IN WHICH THE LAND OR INTERESTS IN LAND IS LOCATED. THE MUNICIPALITY SHALL USE THE LAND OR INTERESTS IN LAND, OR SHALL CAUSE THE LAND OR INTERESTS IN LAND TO BE USED FOR, OR IN CONJUNCTION WITH, ACTIVITIES RELATED TO, OR SIMILAR TO, ANY PROGRAM ADMINISTERED BY THE COMMISSIONER PURSUANT TO STATE OR FEDERAL LAW.

[(e)] (f) The Commissioner of Economic and Community Development shall adopt regulations, in accordance with chapter 54, to carry out the purposes of sections 8-214b to 8-214e, inclusive AS AMENDED. Such regulations shall include, without limitation, provisions concerning the terms and conditions of such grants-in-aid, loans or deferred loans and the conditions for approval of the articles of incorporation or basic documents of organization of a nonprofit corporation applying for assistance under said sections.

[(f)] (g) As used in this section, housing-related services and facilities includes but is not limited to, administrative, community, health, recreational, educational and child-care facilities relevant to an affordable housing development, as defined by the commissioner in regulations adopted in accordance with chapter 54.

Sec. 2. (a) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Public Safety shall convey to the town of Brookfield, subject to the approval of the State Properties Review Board and for a cost of one dollar, the parcel of land located at 76 Tower Road in the town of Brookfield, which has an area of approximately 0.52 acre.

(b) The town of Brookfield shall use said parcel of land for open space purposes. If the town of Brookfield (1) does not use said parcel for said purposes, (2) does not retain ownership of all of said parcel or (3) leases all or any portion of said parcel, the parcel shall revert to the state of Connecticut.

(c) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Public Safety. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section, and the Commissioner of Public Safety shall have the sole responsibility for all other incidents of such conveyance.

Sec. 3. (a) Notwithstanding the provisions of the general statutes or any special act or section 3 of public act 88-267, the Connecticut Housing Authority shall convey to the Bloomfield Housing Authority the following properties: (1) 54 Darby Street, Bloomfield and (2) 3 Dale Avenue, Bloomfield. The conveyance of such properties shall be subject to the condition that such properties continue to be used for the purpose of providing housing for persons and families of low and moderate income and any property not used for such purposes shall revert to the state.

(b) An authorized designee of the Connecticut Housing Authority, or of its successor, the State Housing Authority, shall execute and deliver any deed, instrument or amendment thereto necessary for any conveyance under this section and the Connecticut Housing Authority or its successor, the State Housing Authority, shall have the sole responsibility for all incidents for any such conveyance.

(c) No deed in which the Connecticut Housing Authority or its successor conveys an interest in any property identified in subsection (a) of this section on or before the effective date of this act shall be deemed invalid because the authority or its successor was not authorized to convey the property.

Sec. 4. (a) Notwithstanding any provision of the general statutes to the contrary, if and when the Governor and the Attorney General accept as a gift to the state pursuant to section 4b-22 of the general statutes three certain parcels of land located on the east side of Park Place in the city of Waterbury, county of New Haven and state of Connecticut, having in the aggregate an area of approximately 10,271 square feet, shown on a map recorded on the land records of the city of Waterbury and entitled "Site survey -The Mattatuck Museum Park Place Development Project Waterbury, Connecticut" Scale 1"=20', dated 7/10/95," certified by Francis A. Richard, L.S., Surveyor, License Number 11351, and more specifically designated on said map as: Property of John B. Sullivan, et al., Area=3,612 S.F.; property of The Mattatuck Historical Society, Area=3,425 S.F.; and property of 44 Park Place Associates, L.L.C., Area=3,234 S.F., the Department of Environmental Protection shall take control of said parcels of land and convey said parcels to the Mattatuck Historical Society, subject to the approval of the State Properties Review Board and at a cost of one dollar.

(b) The Mattatuck Historical Society shall use said parcels of land for recreational purposes. Except as hereinafter provided, if, at any time between the date of conveyance of said parcels of land from the state of Connecticut to The Mattatuck Historical Society and five years from said date, any of said parcels of land are not used for recreational purposes, said parcels shall revert to the state of Connecticut, which shall use said parcels for recreational purposes. If the state agency having control of said parcels upon reversion fails or ceases to use any of said parcels for recreational purposes, said agency shall apply to a court of competent jurisdiction for advice and instructions as to an alternative use of said parcel. Said right of reverter in favor of the state of Connecticut shall cease, terminate and be of no force and effect five years after the date of conveyance of said parcels of land from the state of Connecticut to The Mattatuck Historical Society.

(c) The State Properties Review Board shall complete its review of the conveyance of said parcels of land from the state of Connecticut to The Mattatuck Historical Society not later than thirty days after it receives a proposed agreement from the Department of Environmental Protection. The land shall remain under the care and control of the Department of Environmental Protection until a conveyance is made in accordance with the provisions of this section, which conveyance shall be made within thirty days of an approval by the State Properties Review Board. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which shall include provisions to carry out the purposes of subsection (b) of this section, and the Commissioner of Environmental Protection shall have the sole responsibility for all other incidents of such conveyance.

(d) In accepting the conveyance of said parcels of land, The Mattatuck Historical Society agrees to waive all claims The Mattatuck Historical Society may have against the state arising out of, stemming from, or in any way connected to the state's ownership of said parcels of land.

Sec. 5. (a) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Transportation shall convey to the town of Southington, subject to the approval of the State Properties Review Board and at a cost equal to the administrative costs of making such conveyance, a parcel of land located in the town of Southington, having an area of approximately one acre and identified as a parcel of land bounded on the east by Interstate Route 84 and on the north, west and south by Panthorn Park. Said parcel is on the opposite side of Interstate Route 84 from the rest area between Exit 29 and Exit 30.

(b) The town of Southington shall use said parcel of land for recreational purposes. If the town of Southington (1) does not use said parcel for said purposes, (2) does not retain ownership of all of said parcel or (3) leases all or any portion of said parcel, the parcel shall revert to the state of Connecticut.

(c) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Transportation. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section, and the Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 6. (a) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Public Works shall convey to the city of Hartford, subject to the approval of the State Properties Review Board and at a cost equal to the administrative costs of making such conveyance, a parcel of land located at 40 Clifford Street in the city of Hartford, having an area of approximately one-half acre and identified as lot 21 in block 3 of city of Hartford Tax Assessor's Map 204.

(b) The city of Hartford shall use said parcel of land for community facilities. If the city of Hartford (1) does not use said parcel for said purposes, (2) does not retain ownership of all of said parcel or (3) leases all or any portion of said parcel, the parcel shall revert to the state of Connecticut.

(c) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Public Works. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section, and the Commissioner of Public Works shall have the sole responsibility for all other incidents of such conveyance.

Sec. 7. (a) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Mental Health and Addiction Services shall convey to the town of Preston, subject to the approval of the State Properties Review Board and at a cost equal to the administrative costs of making such conveyance, a parcel of land located in the town of Preston, having an area of approximately twenty-four acres and identified as the parcel of land which is the subject of the "Property Use Agreement by and between the Department of Mental Health and the Town of Preston" executed on November 28, 1994. Said parcel of land is described in Schedule A of said agreement.

(b) The town of Preston shall use said parcel of land for a park. If the town of Preston (1) does not use said parcel for said purpose, (2) does not retain ownership of all of said parcel or (3) leases all or any portion of said parcel, the parcel shall revert to the state of Connecticut.

(c) The deed or instrument necessary for a conveyance under this section shall include a provision terminating the property use agreement described in subsection (a) of this section.

(d) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Mental Health and Addiction Services. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section, and the Commissioner of Mental Health and Addiction Services shall have the sole responsibility for all other incidents of such conveyance.

Sec. 8. Subsection (b) of section 2 of special act 95-25 is amended to read as follows:

(b) Not later than five years after the effective date of this section, the Shiloh Baptist Church shall convey said parcel of land to a non-profit corporation, which shall use the parcel for [low or] moderate-income housing and educational, recreational or community facilities open to the public. Such housing and facilities shall comply with all nondiscrimination requirements concerning the occupancy of housing or the use of facilities, which are developed in whole or in part with federal assistance, and said parcel of land and such housing and facilities shall not be used for the teaching or practicing of religion. If (1) the Shiloh Baptist Church does not convey said parcel of land to such a corporation by the end of such period, (2) said parcel of land is not used for the development of such housing and facilities or (3) such housing or facilities do not comply with such requirements, the parcel of land shall revert to the state of Connecticut.

Sec. 9. (a) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Transportation shall convey to the city of Hartford, subject to the approval of the State Properties Review Board and at a cost equal to the administrative costs of making such conveyance and subject to completion of environmental remediation by the state of Connecticut necessary for public usage, a parcel of land located at 53 Vernon Street in the city of Hartford, having an area of approximately 8.8 acres and identified as lot 53 in block 4 of city of Hartford Tax Assessor's Map 206.

(b) Said parcel of land shall be used for public or charitable purposes. A violation of such restriction by the city of Hartford or by any subsequent owner or lessee of said parcel, which violation is not remedied after written notice by the state of Connecticut to the then fee owner of said parcel no later than one year after the receipt of such notice, shall, at the written election of the state of Connecticut, cause a reversion of title of said parcel to the state of Connecticut.

(c) The State Properties Review Board shall complete its review of the conveyance of said parcel of land to the city of Hartford not later than thirty days after it receives a proposed agreement from the Department of Transportation. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or other instruments necessary for such conveyance, which deed or instruments shall include provisions to carry out the purposes of subsection (b) of this section, and the Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 10. Notwithstanding any provision of the general statutes to the contrary, the Department of Environmental Protection shall accept, on behalf of the state, a parcel of land located in the town of Wallingford, or any interest in or portion of said parcel of land, from John and Beverly Hilzinger, which parcel is shown on a map entitled "Property of John & Beverly Hilzinger, Main Street, Wallingford, Conn., Scale 1"=30', May 19, 1988", prepared by Douglas Prior, Surveyor, Tolland, Conn.

Sec. 11. (a) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Mental Health and Addiction Services shall convey to the town of Ledyard, subject to the approval of the State Properties Review Board and at a cost equal to the administrative costs of making such conveyance, a parcel of land located in the town of Ledyard, having an area of approximately 42.8 acres and identified on town of Ledyard Tax Assessor's Map Number 3 as lot 1087 Colonel Ledyard Highway (Route 117).

(b) The town of Ledyard shall use said parcel of land for agricultural purposes. If the town of Ledyard (1) does not use said parcel for said purposes or (2) does not retain ownership of all of said parcel, the parcel shall revert to the state of Connecticut.

(c) The state of Connecticut shall assign to the town of Ledyard the state's rights and obligations under any agreement for the use of said parcel of land for growing and harvesting agricultural products.

(d) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Mental Health and Addiction Services. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section, and the Commissioner of Mental Health and Addiction Services shall have the sole responsibility for all other incidents of such conveyance.

Sec. 12. (a) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Mental Health and Addiction Services shall convey to the Middletown Housing Authority, subject to the approval of the State Properties Review Board and equal to the administrative costs of making such conveyance, a parcel of land located in the city of Middletown, having an area of approximately 2.375 acres, and identified as the same parcel of land conveyed to the state of Connecticut by Joshua W. Thomas and recorded in the Middletown Land Records at Volume 181, Page 472.

(b) The Middletown Housing Authority shall use said parcel of land for housing purposes. If the Middletown Housing Authority (1) does not use said parcel for said purposes, (2) does not retain ownership of all of said parcel or (3) leases all or any portion of said parcel, the parcel shall revert to the state of Connecticut.

(c) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Mental Health and Addiction Services. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section, which deed or instrument shall include provisions to carry out the purposes of subsection (b) of this section, and the Commissioner of Mental Health and Addiction Services shall have the sole responsibility for all other incidents of such conveyance.

Sec. 13. Section 52-575 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No person shall make entry into any lands or tenements but within fifteen years next after his right or title to the same first descends or accrues OR WITHIN FIFTEEN YEARS NEXT AFTER SUCH PERSON OR PERSONS HAVE BEEN OUSTED FROM POSSESSION OF SUCH LAND OR TENEMENTS; and every person, not entering as aforesaid, and his heirs, shall be utterly disabled to make such entry afterwards; and no such entry shall be sufficient, unless WITHIN SUCH FIFTEEN-YEAR PERIOD, ANY PERSON OR PERSONS CLAIMING OWNERSHIP OF SUCH LANDS AND TENEMENTS AND THE RIGHT OF ENTRY AND POSSESSION THEREOF AGAINST ANY PERSON OR PERSONS WHO ARE IN ACTUAL POSSESSION OF SUCH LANDS OR TENEMENTS, GIVES NOTICE IN WRITING TO THE PERSON OR PERSONS IN POSSESSION OF THE LAND OR TENEMENTS OF THE INTENTION OF THE PERSON GIVING THE NOTICE TO DISPUTE THE RIGHT OF POSSESSION OF THE PERSON OR PERSONS TO WHOM SUCH NOTICE IS GIVEN AND TO PREVENT THE OTHER PARTY OR PARTIES FROM ACQUIRING SUCH RIGHT, AND THE NOTICE BEING SERVED AND RECORDED AS PROVIDED IN SECTIONS 47-39 AND 47-40 SHALL BE DEEMED AN INTERRUPTION OF THE USE AND POSSESSION AND SHALL PREVENT THE ACQUIRING OF A RIGHT THERETO BY THE CONTINUANCE OF THE USE AND POSSESSION FOR ANY LENGTH OF TIME THEREAFTER, PROVIDED an action is commenced thereupon [and prosecuted to effect] within one year next after [such entry] THE RECORDING OF SUCH NOTICE. THE LIMITATION HEREIN PRESCRIBED SHALL NOT BEGIN TO RUN AGAINST THE RIGHT OF ENTRY OF ANY OWNER OF A REMAINDER OR REVERSIONARY INTEREST IN REAL ESTATE, WHICH IS IN THE ADVERSE POSSESSION OF ANOTHER, UNTIL THE EXPIRATION OF THE PARTICULAR ESTATE PRECEDING SUCH REMAINDER OR REVERSIONARY ESTATE. (b) [; but, if] IF any person who has such right or title of entry into any lands or tenements is, at the time of the first descending or accruing of such right or title, a minor, non compos mentis or imprisoned, he and his heirs may, notwithstanding the expiration of such fifteen years, [bring such action or] make such entry AND SERVE AND RECORD SUCH NOTICE at any time within five years next after full age, coming of sound mind or [enlargement out of] RELEASE FROM prison, or his heirs shall, within five years after his death, [bring such action, or] make such entry AND SERVE AND RECORD SUCH NOTICE, and take benefit of the same [; provided the limitation herein prescribed shall not begin to run against the right of entry of any owner of a remainder or reversionary interest in real estate, which is in the adverse possession of another, until the expiration of the particular estate preceding such remainder or reversionary estate.]

Sec. 14. This act shall take effect from its passage.

Approved June 6, 1996. Effective June 6, 1996.

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