When the term "eminent domain" arises, most people think of highway projects and sewers. But why and when this little-understood -- and under-appreciated -- governmental power can be invoked in the public interest deserve a closer look.

Did you know, for instance, that federal, state and town governments can employ their powers of eminent domain to secure land for many different public uses -- parks and open space among them? Connecticut General Statute (C.G.S.) 48-6 states that if a municipality "votes to acquire any tract of land within its limits for the purpose of a public square, common or park, and cannot obtain such land by agreement with the owner," it may take the land for such use.

Another state statute, C.G.S. 7-131, specifies that a town may condemn land in an area designated as open space "on any plan of development" adopted by the municipality's Planning Commission. Ridgefield's 1999 Plan of Conservation & Development is just such a plan. Adopted by the town Planning & Zoning Commission this past July, the plan contains maps which officially designate the 600-acre Bennett's Pond parcel as "desirable open space land." This official designation is linked to the Plan's stated goal of preserving 25% of Ridgefield's total area as "passive" open space. Indeed, attaining the plan's open-space target will be all but impossible without adding a significant portion of the 600-acre Bennett's Pond property to the town's existing open-space inventory.

Who initiates a condemnation?

According to the Ridgefield town charter, the acquisition of property -- whether by purchase or by condemnation -- at a cost in excess of $3,000,000 can only occur through a referendum. A referendum may be called by a petition signed by at least 5% of the electorate. Therefore, such a petition must be signed by approximately 750 Ridgefield voters, and the subsequent referendum must be approved by a majority vote, before the town can take the Bennett's Pond property.

How does eminent domain work?

The mechanics of eminent domain are fairly straightforward. The town first commissions a certified appraisal to determine the property's fair-market value. Next, the town files a "Statement of Compensation" with the superior court clerk, accompanied by a deposit of funds equal to the amount specified in the Statement. Upon receipt of a "Return of Notice" from the town, the superior court clerk issues and records the "Certificate of Taking" in the town clerk's office. At that point, the property belongs to the town.

What if the landowner appeals?

If the landowner challenges the condemnation, he/she/they have the burden of proof to establish that the town's actions were unreasonable, an abuse of power or in bad faith. In the event of a challenge based upon the amount paid, the court is responsible for making an independent determination of "fair compensation."

Why not just buy the property?

An official purchase offer of $12 million -- representing a 50% profit over what Eureka V paid IBM for the land in February, 1998 -- was made by former First Selectman Abe Morelli in January of this year. Eureka declined the town's bid, submitting instead a $32.5 million counter-offer. Carl Goldberg, a Eureka V partner, has openly dismissed the possibility of the property being preserved as open space. "Nothing could be further from the truth," he told the Danbury/Housatonic Valley Business Digest. "It is simply not going to happen."

Given the apparent unwillingness of the property owners to negotiate a sale price anywhere near fair-market value, eminent domain may ultimately be the only way for the people of Ridgefield to save Bennett's Pond.


This is the second in a series of columns prepared by the Ridgefield Open Space Association (ROSA), a non-profit, grassroots organization dedicated to the preservation of the Bennett's Pond property and open space throughout Ridgefield. For ROSA information, contact: P.O. Box 492, Ridgefield; email: ROSA@mags.net; phone: 431-6662; Web site: www.rosaopenspace.org.