Conn. Agencies Regs. § 22a-163t(e)-2

Current through December 4, 2024
Section 22a-163t(e)-2 - Good faith effort to obtain fair price
(a)Good Faith Effort. For the purposes of Section 22a-163t(e) (4) of the Connecticut General Statutes, if any owner of property within a two-mile radius of the facility offers to sell property after the selection of the site, but before five years after the facility begins operation, a good faith effort to sell shall be the listing of the property by a multiple listing real estate agency for a period of 90 or more days with at least 12 daily advertisements in a newspaper having a general circulation in the municipality at a price at least equal to the pre-site selection property appraisal made pursuant to Section 22a-163t(e) -1 (a) of these regulations, provided no offer is accepted which is less than the pre-site selection property appraisal made pursuant to Section 22a-163t(e) -1 (a) of these regulations. If the property is not sold after the listing period of 90 days, all offers shall be disclosed to the applicant, certificate holder, or operator of the facility. Thirty days after such disclosure, or, if the good faith of the effort is disputed, 30 days after the council rules a good faith effort has been made, the owner may accept the highest reasonable offer made by any person, including the applicant, certificate holder, or operator of the facility. If the owner chooses to sell the property for less than the highest bid, for the purpose of Section 22a-163t(e) (4) of the Connecticut General Statutes, the difference paid to the owner shall be that between the pre-site selection property appraisal and the highest bid received excluding a bid from the applicant, certificate holder, or operator of the facility.
(b)Disputes. Any dispute over a good faith effort to obtain a fair price for a property shall be resolved by the council.
(c)Decision. The council shall, within 60 days after being presented with a dispute regarding a good faith effort to obtain a fair market price for a property, make a determination whether or not the owner has made a good faith effort. In resolving such a dispute, the council shall consider:
(1) The pre-site selection property appraisal of fair market value of the property as determined pursuant to Section 22a-163t(e) -1 (a) of these regulations;
(2) The price at which the property is being offered;
(3) Action and efforts to obtain a fair price for the property including use of real estate agents and newspaper advertisements; and
(4) The length of time the property has been made available for sale.

Conn. Agencies Regs. § 22a-163t(e)-2

Effective March 7, 1989