Bill Text: CT SB00238 | 2010 | General Assembly | Introduced

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Bill Title: An Act Concerning A Specialized Docket For Land Use Appeals.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2010-02-24 - Public Hearing 03/03 [SB00238 Detail]

Download: Connecticut-2010-SB00238-Introduced.html

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General Assembly		Raised Bill No. 238
February Session, 2010		LCO No. 1324
		*01324_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)

AN ACT CONCERNING A SPECIALIZED DOCKET FOR LAND USE APPEALS.

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

Section 1. (NEW) (Effective October 1, 2010) (a) As used in this section "land use appeal" means an appeal taken under chapter 97a, 124, 124b, 125a, 126, 127 or 440 of the general statutes or under section 7-147, 7-149a, 7-246a, 15-95, 22a-354q, 25-102h, 25-102l, 25-109h or 25-109k of the general statutes, or any other appeal taken in accordance with the provisions of section 8-8 of the general statutes, except for an appeal taken under chapter 126a of the general statutes or section 22a-250 of the general statutes.

(b) The Chief Court Administrator shall (1) establish in each judicial district a docket separate from other civil matters for the hearing of land use appeals; (2) identify in each judicial district judges with experience in land use appeals who shall hear all matters, including pretrial matters, on such land use appeal docket; and (3) identify in each judicial district state referees, if any, with sufficient experience in land use appeals to take evidence in such land use appeals pursuant to subdivision (4) of subsection (a) of section 52-434 of the general statutes, as amended by this act.

(c) The Chief Court Administrator shall establish policies and procedures to implement the provisions of this section. Not later than January 1, 2011, the administrator shall submit a report on such implementation, in accordance with section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and planning and development.

Sec. 2. Subdivision (4) of subsection (a) of section 52-434 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(4) In addition to the judge trial referees who are appointed pursuant to subdivision (1), (2) or (3) of this subsection, the Chief Justice may appoint, from qualified members of the bar of the state, who are electors and residents of this state, as many state referees as the Chief Justice may from time to time deem advisable or necessary. No appointment of a member of the bar may be for a term of more than three years. Notwithstanding the provisions of subsection (f) of this section, state referees appointed by the Chief Justice from members of the bar shall receive such reasonable compensation and expenses as may be determined by the Chief Justice. The Superior Court may appoint a state referee pursuant to this subdivision to take such evidence as it directs in any civil, nonjury case, including, but not limited to, appeals under section 8-8, except that the Superior Court may not appoint a state referee to take evidence in a land use appeal, as defined in section 1 of this act, unless the state referee has been identified as having sufficient experience in land use appeals pursuant to section 1 of this act. Any [such] state referee appointed to take evidence pursuant to this subdivision shall report on such evidence to the court with any findings of fact. The report shall constitute a part of the proceeding upon which the determination of the court shall be made.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2010	New section
Sec. 2	October 1, 2010	52-434(a)(4)

Statement of Purpose:

To establish a specialized land use appeal docket in each judicial district.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]