Conn. Agencies Regs. § 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.
Notes
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