Town of Newtown, CT Chapter 456 Property, Acquisition and Disposition of

[HISTORY: Adopted by the Legislative Council of the Town of Newtown 11-1-2017.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance replaced former Ch. 456, Property, Sale of, adopted 3-10-1945 STM (Res. No. 3), as amended, which was largely superseded by Chapter 8 of the Charter.

§ 456-1 Purpose.

The purpose of this chapter is to supplement Chapter 8 of the Newtown Charter as provided for in Section 8-01(b) thereof, as to all processes and procedures for the acquisition and/or disposition of real property, and those properties or leases excluded from the term "real property" in Section 8-01(a)(1) of the Charter.

§ 456-2 Definitions.

As used in this chapter, the terms "real property," "acquisition," and "disposition" shall have the meanings defined in the Charter, Section 8-01, General Provisions.

§ 456-3 Acquisition of real property.

A. If the acquisition of real property is a result of nonpayment of taxes and gifts:

(1) The property shall be sold, unless the Board of Selectman identifies a specific use for the real property or gift and so informs the Legislative Council.

(2) If the Board of Selectman identifies a proposal for an alternate use of property, the Legislative Council shall vote on the proposal within 60 days from the date the proposal is presented to it.

§ 456-4 Leasing of real property.

A. All leases shall be negotiated by the First Selectman, with the final, written version subject to approval by the Board of Selectmen. The proposed lease shall be executed by the First Selectman and the tenant or the landlord, as the case may be, conditioned on the actions set forth below in Subsections C and D.

B. Before negotiations commence, the First Selectman shall obtain a written opinion by a licensed real estate appraiser of the fair market rent for the real property in question for the proposed term and a financial impact statement from the Finance Director. Where the term of the proposed lease and all options to renew are for five years or less, whether or not to obtain an opinion of fair market rent shall be up to the discretion of the First Selectman.

C. If the Board of Selectmen votes to approve the proposed lease, and it conforms with all planning and zoning regulations, an outline of the lease, including, without limitation, the rent and term, and all options, shall be forwarded to the Legislative Council for a public hearing to be scheduled pursuant to Section 7-163e of the Connecticut General Statutes. The lease shall not be executed prior to said public hearing.

D. Following the hearing set forth in Subsection C, a majority vote of the Legislative Council to enter into the proposed lease is required if the term of the proposed lease, including all options to renew, is for more than five years.

E. The power to enter into leases of space in the Edmond Town Hall is governed by Special Act 98 of the 1931 Session of the Connecticut General Assembly.

§ 456-5 Procedure for determining property value for exemption from procedures; approval.

A. Transferred property valued less than $20,000 is exempt from procedures outlined in Sections 8-05 and 8-10 of the Charter; therefore, the following procedures shall be followed in determining the property value, through a review and approval of A-2 surveys and property value assessments by the Land Use Agency:

(1) If the transfer of land between two properties is equal, then the determination of the transferred property value shall be zero.

(2) If the transfer of land between two properties is not equal, the value of the land shall be determined by the net increase or decrease in the assessment of the property.

(3) If the acquisition or disposition of property involves the transfer of a parcel, the property value shall be determined by the assessed value of the property on the most recent Grand List.

B. The First Selectman shall have the final approval of transferred property valued less than $20,000 and leaseholds under five years in duration.