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2015 Op. Conn. Att'y Gen. 1 (2015)

handle is hein.sag/sagct0069 and id is 1 raw text is: 




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                                  (Mffiee of the Atre   eea
                                  State of Conncticut

                                        February 6, 2015


           The Honorable Melody A. Currey
           State of Connecticut Department of Administrative Services
           450 Capitol Avenue
           Hlarford, CT 06106

           Dear Commissioner Currey:

                  This letter responds to former Commissioner Donald 3. DeFronzo's
           December 31. 2014 letter seeking an opinion as to whether language and
           conditions contained in a proposed draft deed between the City of New Britain
           and a private developer would: (I) satisfy the City of New Britain's statutory
           obligation to use the parcel for the purposes specified in Section 143 of Public Act
           12-2 (June 2012 Special Session); and (2) extinguish the reverter contained in the
           October 7, 2013 deed pursuant to which the State of Connecticut conveyed the
           property to New Britain. For the reasons set forth below, we conclude that the
           language and conditions contained in the proposed draft deed would accomplish
           both purposes, provided that the deed is executed prior to October 7, 2015.

           BACKGROUND

           Section 143 of Public Act 12-2 provides, in pertinent part, as follows:

                  (a) Notwithstanding   any  provision  of the general statutes, the
                  Commissioner of Administrative Services, on behalf of the Chief Court
                  Administrator, shall convey to the city of New Britain a parcel of land
                  located in the city of New Britain, at a cost of sixty thousand dollars plus
                  the administrative costs of making such conveyance. ....

                  (b) The city of New Britain shall use said parcel of land for economic
                  development purposes. If the city of New Britain: (1) Does not use Said
                  parcel for said purposes not later than two years after the conveyance of
                  said parcel; or (2) Leases all or any portion of said parcel, the parcel shall
                  revert to the state of Connecticut.

                  The State conveyed the parcel at issue to the City of New Britain via Quit
           Claim Deed dated October 7, 2013 (attached hereto as Exhibit A). In accordance
           with Public Act 12-2, the deed provided that the property was conveyed subject

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