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CT Statue requires replacement parkland

Summary

Under Connecticut's "Park Replacement Statute" (CGS § 7-131n), if a municipality converts or repurposes land acquired or dedicated for park, recreational, or open space uses into non-park/non-open space uses, it must provide substitute land to be used for the same purpose.

 

Key Statutory Requirements

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  • Replacement Mandate: The municipality must provide replacement land to offset the lost open space or recreational area.

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  • Public Hearing Process: The town or city must host a formal public hearing prior to taking or converting the land. 

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  • Description of Substitute Land: The municipality is required to publicly describe and specify the proposed replacement parcel during that public hearing. 

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  • Scope: The statute applies broadly to land purchased, bonded, or formally dedicated for public open space, parks, or recreation, including expanded interpretations ensuring local governments cannot easily repurpose existing conserved tracts without equivalent mitigation.

Key Points: 

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  • This is an established law in Connecticut. 

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  • No one, including the Parks and Recreation Commission, has held a public hearing on the replacement land.

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  • Signing the MOU would mean entering into an agreement, and a hearing should have happened prior to that.

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  • Waveny LifeCare has not paid for the replacement costs and should

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  • This cost should not fall on the taxpayer.

2025 Connecticut General Statutes
Title 7 - Municipalities
Chapter 97 - Municipalities: General Provisions
Section 7-131n. - Taking of land previously intended for use as park or for other recreational or open space purposes.

Universal Citation:CT Gen Stat § 7-131n. (2025)

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If any municipality takes any land, for highway or other purposes, which land was purchased for park or other recreational or open space purposes, or for which bonds were issued for such purposes, or which had been dedicated for such purposes, such municipality shall provide comparable replacement land at least equal in value and per unit area size to the value and per unit area size of the land taken; provided before such municipality takes such land for highway or other purposes it shall hold a public hearing in addition to any public hearing required by section 13a-58 or by any other section of the general statutes or by any special act or city charter. At such public hearing and in the notice thereof, the municipality shall set forth the description of the land proposed to be taken and the proposed use of such land, any reasons for the proposed taking of the parkland rather than other land and the description of the replacement land to be provided. The municipality shall give notice of the time and place of such hearing by publication in a newspaper having a substantial circulation in such municipality, such notice to be given at least twice, at intervals of not less than two days, the first not more than fifteen days nor less than ten days and the second not less than two days before such hearing and such hearing shall be held within a period of not more than thirty and not less than fifteen days after any other public hearing required by section 13a-58 or by any other section of the general statutes. For purposes of this section “municipality” means any town, city or borough, or other political subdivision of the state.

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