Agreements between municipality and owner or lessee of real property, personal property or air space fixing the assessment of such property or air space

# (a)

# (1)

Any municipality may, by affirmative vote of its legislative body or, pursuant to subdivision (2) of this subsection, by its board of selectmen, enter into a written agreement, for a period of not more than thirty years, with any party (A) owning or proposing to acquire an interest in real property in such municipality, (B) owning personal property in such municipality, (C) owning or proposing to acquire an interest in air space in such municipality, or (D) who is the lessee of, or who proposes to be the lessee of, air space in such municipality in such a manner that the air space leased or proposed to be leased shall be assessed to the lessee pursuant to section 12-64, fixing the assessment of the personal property, real property or air space which is the subject of the agreement, and all improvements on such real property or in such air space and to be constructed on such real property or in such air space, subject to the provisions of subsection (b) of this section. For purposes of this section, “improvements to be constructed” includes the rehabilitation of existing structures for retail business use.

# (2)

In the case of a municipality where the legislative body is a town meeting and such town meeting has adopted an ordinance delegating to the board of selectmen the authority to enter into an agreement described in subdivision (1) of this subsection, such board of selectmen may enter into such agreement.

# (b)

The provisions of subsection (a) of this section shall only apply if the personal property, improvements or improvements to be constructed are for at least one of the following:

# (1)

Office use;

# (2)

retail use;

# (3)

permanent residential use in connection with a residential property consisting of four or more dwelling units;

# (4)

transient residential use in connection with a residential property consisting of four or more dwelling units;

# (5)

manufacturing use;

# (6)

warehouse, storage or distribution use;

# (7)

structured multilevel parking use necessary in connection with a mass transit system;

# (8)

information technology;

# (9)

recreation facilities;

# (10)

transportation facilities;

# (11)

mixed-use development, as defined in section 8-13m; or (12) use by or on behalf of a health system, as defined in section 19a-508c. (1971, P.A. 471, S. 1, 2; P.A. 73-477; P.A. 75-575, S. 1, 2; P.A. 77-138, S. 1, 3; 77-586, S. 2, 3; P.A. 79-78, S. 1, 2; P.A. 82-414, S. 1, 2; P.A. 85-573, S. 1, 18; P.A. 90-219, S. 13; May Sp. Sess. P.A. 92-15, S. 4, 20; P.A. 94-157, S. 3, 4; P.A. 97-235, S. 1, 4; P.A. 98-207; P.A. 01-125, S. 1; P.A. 03-19, S. 25; P.A. 13-246, S. 1; P.A. 14-174, S. 5; June Sp. Sess. P.A. 15-5, S. 240; May Sp. Sess. P.A. 16-3, S. 32; P.A. 22-72, S. 1; P.A. 24-143, S. 6.) History: P.A. 73-477 added words “an interest in” with reference to acquisition of real property and air space in Subsec. (a); P.A. 75-575 amended Subsec. (a) to include municipalities with population densities of 4,500 persons or more per square mile and those contracting with U.S. for grants of more than $10,000,000 for redevelopment and urban renewal and amended Subsec. (b) to include improvements for manufacturing use and to change cost minimum from $10,000,000 to $5,000,000; P.A. 77-138 made provisions applicable to any municipality, deleting all restrictions based on population, population density or amount of federal grant and included in Subsec. (b) improvements for warehouse storage or distribution use; P.A. 77-586 reinstated restriction on applicability of provisions, limiting provisions to municipalities with population of at least 35,000; P.A. 79-78 deleted restriction imposed by P.A. 77-586 and changed cost minimum in Subsec. (b) from $5,000,000 to $3,000,000; P.A. 82-414 amended requirements in Subsec. (b) applicable to fixed assessment agreements to permit agreements if at least one, rather than two or more as was previously the case, of the types of improvements is satisfied; and increased list by adding multilevel parking facilities as an improvement, the proposed construction of which would allow such an agreement; P.A. 85-573 provided for agreements for not more than two years on improvements of not less than $500,000, effective July 10, 1985, and applicable in any municipality to the assessment year commencing October 1, 1985, and thereafter; P.A. 90-219 amended Subsec. (b) to require that improvements for structured multilevel parking use be necessary in connection with a mass transit system; May Sp. Sess. P.A. 92-15 added Subsec. (a)(3) re improvements of not less than $100,000, effective July 1, 1992, and applicable to assessment years of municipalities commencing on or after October 1, 1992; P.A. 94-157 added Subsec. (a)(4) to (7), inclusive, effective October 1, 1994, and applicable to assessment years commencing on or after that date; P.A. 97-235 added Subsec. (b)(viii) re improvements for information technology, effective June 24, 1997; P.A. 98-207 reorganized and relettered Subsec. (b) and added new Subdivs. (9) and (10) re recreation facilities and transportation facilities; P.A. 01-125 amended Subsec. (a) to reduce the threshold to qualify for abatement from $100,000 to $25,000 and change the amount of the abatement from 50% to not more than 50% in Subdiv. (3) and to delete Subdivs. (4) to (7), inclusive; P.A. 03-19 made technical changes in Subsec. (b), effective May 12, 2003; P.A. 13-246 amended Subsec. (a) by changing improvement cost threshold for assessment for period of not more than 3 years from not less than $25,000 to not less than $10,000 and amended Subsec. (b) by adding Subdiv. (11) re mixed-use development; P.A. 14-174 amended Subsec. (a) by adding Subdiv. (4) re fixing the assessment for improvements on land used or to be used for retail business; June Sp. Sess. P.A. 15-5 added Subsec. (b)(12) re use by or on behalf of a health system, effective June 30, 2015; May Sp. Sess. P.A. 16-3 amended Subsec. (a) to add provision limiting written agreement to a period of not more than 10 years and delete former Subdivs. (1) to (4) re options for duration of assessment and amended Subsec. (b)(3) and (4) to add provision re improvements to be for residential property consisting of 4 or more dwelling units, effective October 1, 2016, and applicable to assessment years commencing on or after October 1, 2016; P.A. 22-72 amended Subsec. (a) by designating existing provisions re agreements to fix assessments of real property or air space as Subdiv. (1) and specifying that boards of selectmen may enter into such agreements pursuant to Subdiv. (2), and adding Subdiv. (2) re authority of boards of selectmen to enter into such agreements, and amended Subsec. (b) by making a conforming change; P.A. 24-143 amended Subsec. (a) to extend the maximum duration of fixed assessment agreements to 30 years and amended Subsecs. (a) and (b) to allow fixed assessment agreements concerning personal property. Cited. 228 C. 79; 235 C. 637. Cited. 17 CA 166. (Return to ChapterTable of Contents) (Return toList of Chapters) (Return toList of Titles)