Real Estate & Property Law

Connecticut Supreme Court: An Option To Purchase Is Not "Property," So Optionee Can Be Abused

By Robert Thomas (inversecondemnation.com)

The Connecticut Supreme Court has issued opinions in a trio of closely-watched eminent domain cases. The first two opinions deal with technicalities of eminent domain law, but the third overturns a $12 million jury verdict that the Town of Branford, Connecticut abused its eminent domain power.

In Town of Branford v. Santa Barbara, SC 18091 (officially released Feb. 16, 2010), the court affirmed that the highest and best use of the property taken was for residential development.

In Town of Branford v. Santa Barbara, SC 18090 (officially released Feb. 16, 2010), the court held that Connecticut's offer of judgment statute is not applicable to condemnation appeals.

In New England Estates v. Town of Branford, SC 18132 (officially released Feb. 16, 2010), the court overturned the jury's $12,435,914 jury verdict, because an "unrecorded, unexercised option to purchase the property...is not considered a property interest under Connecticut state law, New England Estates' contractual right is not a property right protected by the federal takings clause."

We noted a New York Times' report on the jury verdict here. The Connecticut Supreme Court's decisions are covered in the local media here ("Branford wins legal fight over land seizure," Hartford Courant), and here ("Branford wins eminent domain fight," WTNH).

More, after we've had a chance to digest the opinions.

Full post as published by inversecondemnation on February 10, 2010 (boomark / email).